Misc
defendants have to “start matters off by putting in some evidence in support” of their justification or excuse defenses
what is affirmative defenses?
someone who provokes an attack can’t then use force to defend herself against the attack she provoked
what is initial aggressor?
a defense that argues an imminent danger of attack was prevented
what is Necessity
defenses in which defendants are acquitted if they’re successful
what is perfect defenses?
if initial aggressors completely withdraw from attacks they provoke, they can defend themselves against an attack by their initial victims
what is withdrawal exception?
an element of self-defense requiring the danger to be “right now!”
what is imminence requirement?
special hearings to determine if defendants who have used the insanity excuse defense are still insane
what is Competency hearings?
in the jurisdictions that follow the retreat rule, people who live in the same home don’t have to retreat
what is cohabitant exception?
if you didn’t start a fight, you can stand your ground and kill to defend yourself without retreating from any place you have a right to be
what is stand-your-ground rule
when a defendant fails in the full defense but is found guilty of a lesser offense
what is imperfect defense?
mental disorder that develops in victims of domestic violence as a result of serious, long-term abuse
what is battered woman’s syndrome (BWS)?
you have to retreat from an attack if you reasonably believe (1) that you’re in danger of death or serious bodily harm; and (2) that backing off won’t unreasonably put you in danger of death or serious bodily harm
what is retreat rule?
circumstances that convince fact finders (judges or juries) that defendants don’t deserve the maximum penalty for the crime they’re convicted of
what is mitigating circumstances?
the area immediately surrounding the home
what is curtilage?
when attacked in your home, you have no duty to retreat and can use deadly force to fend off an unprovoked attack, but only if you reasonably believe the attack threatens death or serious bodily injury
what is castle exception?