Proving Defenses
Justification and excuse are known as?
Affirmative Defenses
Self-defense is available only against
Unprovoked attacks
You have the right to defend ones what
person, family, habitation, property, or goods
what defense is the necessity to prevent imminent danger
Choice-of-evils defense
is based on the idea that competent adults voluntarily consented to crimes against themselves and knew what they were consenting to
Defense of consent
Most affirmative defenses are
Perfect defenses
Self-defense isn’t available to an
Initial aggressor
Who was the great common law judge in 1604 who wrote about defending your person and property?
Sir Edward Coke
The most famous case of imminent necessity
The Queen v. Dudley and Stephens (1884)
means consent was the product of free will, not of force, threat of force, promise, or trickery
Voluntary consent
Special hearings to determine a defendants sanity are known as
Competency hearings
refers to an imminent danger of attack
Necessity
The area immediately surrounding a home
Curtilage
The choice-of-evils defense consists of proving that
defendant made the right choice, the only choice—namely, the necessity of choosing now to do a lesser evil to avoid a greater evil.
means the person consenting understands what he/she is consenting to
Knowing Consent
Evidence that doesn’t amount to a perfect defense might amount to an
Imperfect Defense
What kind of belief does self-defense require?
(1) that you were in imminent danger
(2) that you needed to use force to fend it off; and
(3) that you needed to use the amount of force you used
When and in what state did the first Castle Doctrine law pass?
October 2005 in Florida
The right choices are life, safety, and health over property. Why?
according to the American Law Institute, the values of life, safety, and health always trump property interests
means the person consenting has the authority to give consent
Authorized Consent
Even when the evidence doesn’t add up to an imperfect defense, it might still show
Mitigating Circumstances
judges and legislators generalized the right to self-defense into the majority
stand-your-ground rule
Between 2005-2015, how many states passed the Castle Doctrine
More than 40
What rarely upholds choice-of-evils claims by defendants.
Courts
In most states, the law recognizes how many situations where consent justifies otherwise criminal conduct
Four (4)