Defenses
Removing yourself from a situation without it escalating further. In New York, you can not use deadly physical force if you could have safely removed yourself from a threatening situation.
Retreating (Duty to)
Evidence that is relevant to a material fact that is being used in the arguments of the case.
Material
the "bad action" element of crimes
actus reus
The amount of physical force an officer can use if they reasonably believe it is necessary to make an arrest, prevent a suspect's escape, or defend themselves from non-deadly physical force.
Ordinary Force
A serious crime, but not a felony.
Misdemeanor
An affirmative defense where the defendant claims they were protecting their property from the commission or attempted commission of a crime on that property.
Defense of Premises
Physical objects that played a part in the crime
Physical evidence
A defense of one's actions that suggests that misunderstanding or not knowing a key fact of the situation led the defendant to do a bad action without having the mens rea to accompany it.
Mistake of Fact
The second level of police intrusion, police officers may ask more pointed questions that could make the person being questioned feel like they are suspected of a crime.
Inquiry
What is the maxium sentence for a Class A Felony
Life
An affirmative defense that alleges that the defendant was forced to commit the crime by agents of the government.
Entrapment
Documents, such as blank statements, email chains, or receipts, that work to prove or disprove a defendant's guilt.
Documentary Evidence.
The most serious of the levels of mens rea for crimes, generally understood to mean something similar to "on purpose"
Intentionally.
The highest level of police intrusion, where officers are allowed to pat down the outside of a suspect's clothing for the purpose of discovering weapons.
Frisk
The most serious categorization of crime.The lowest class of these crimes have a maximum sentence of four years in prison, while the highest class has the potential for a life sentence.
Felony
In order to claim self- defense the alleged victim must not have started the use of force.
Initial Aggressor
Models, charts, diagrams, and other visual or audio aids that attempt to demonstrate some element of the testimony to make it more clear.
Demonstrative evidence
This is when someone's actions don't match up to the standard of care that a reasonable person would have in that situation.
negligently
The lowest level of police intrusion, police officers are able to ask non-threatening questions that should not make the person being questioned feel that they are suspected of a crime.
Request for information
What is the maximum sentence for a class a Misdemeanor
1 year
This hearing is done before the trial to see whether the accused has the mental capacity to stand trial and assist in their own defense
Pre-Trial Competency Hearing (Insanity Defense)
Evidence where the value to the truth of the case is not as impactful as its potential negative effect on the jury's impression of the defendant. The example given in your reading was pictures of a grieving mother over the body of a murder victim, which does more to establish the jury's sympathies for the mother (and potential bias against the defendant) than illuminate the truth of the case.
Overly Prejudicial.
The third most serious risk of mens rea levels, this is when someone takes an action despite knowing its risks.
recklessly
The police officer has enough evidence to be reasonably suspicious that the person they are about to stop has committed or is about to commit a crime. This is not as serious a bar as probable cause, but it is more than a simple hunch.
Reasonable Suspicion
A person commits this violation when they:
a) with intent to commit that crime,
b) they engage in conduct which tends to effect (cause) the commission of such crime
Attempt to Commit a Crime