Criminal Law

Chapter Five Study Guide

5.1 Criminal Defenses

How are defenses categorized?

Defenses can be categorized either as failure of proof, affirmative, imperfect, perfect or
denial. They can also be categorized as legal, factual, based on justification, or excuse.

What is a denial or failure of proof defense?

It is where the defendant can either deny that a criminal element exists or simply sit back
and wait for the prosecution to dial in meeting its burden of proof.

What is an affirmative defense?

It is when the defendant raises a new issue that must be proven to a certain evidentiary
standard.

What is the burden of proof for an affirmative defense?

In many legal systems, the burden of proof for an affirmative defense is generally on the
defendant. Meaning that the defendant must present evidence and convince the trier of
fact.

What is an imperfect defense? A perfect defense?

An imperfect dense is if a defense reduces the severity of the offense. A perfect defense
is a defense results in an acquittal.

What is the difference between a factual and a legal defense?

If a defense is based on an issue of fact, it is a factual defense. If it is based on an issue
of law, it is a legal defense.

How do justification and excuse apply in defense situations?

Many affirmative defenses are based on either justification or excuse. Which admits that
the defendant has committed the criminal act with the requisite intent.

5.2 Self Defense

How can deadly force apply in defense cases?

Usually, deadly force is defined as any force that could potentially kill, but it is usually
viewed as self-defense.
What four elements must be proven in self defense?
To start off, with exceptions, the defendant must prove that he or she was confronted
with an unprovoked attack. Then they must prove that the threat of injury or death was
highly iminent. Then they must prove that the degree of force used in self-defense was
objectively reasonable under the circumstances. .Lastly, the defendant must prove that
he or she had an objectively reasonable fear that he or she was going to be injured or
killed.

What is provocation?
It is an action or occurrence that causes someone to become angry or to begin to do
something.

How does excessive force apply in defense cases?

The defendant can ebt he initial aggressor and still raise a self-defense claim if the
attacked individual responds with excessive force.

What is the withdrawal exception?

The withdrawal exception in criminal law allows a conspirator to potentially avoid liability
if they can demonstrate a clear and timely withdrawal from a conspiracy before the
commission of any overt acts.

How does imminence apply in self defense cases?

In self-defense cases, the concept of imminence requires that the threat to the defender
be immediate, imminent, and unavoidable, meaning that the danger must be current and
impending rather than speculative or in the distant future for the use of force to be
justified.

How does the battered wife defense apply in self defense cases?
Can be used to argue that the accused person, who has experienced a history of abuse,
reasonably believed that they were facing an imminent threat

How does retaliation negate self defense?

It involves responding to a past harm rather than an imminent threat, and it may negate a
claim of self-defense.

Why does self defense have to be proportionally reasonable?

It must be proportionally reasonable to ensure that the force used in response to a threat
is not excessive.

How did the duty to retreat standard apply under common law?
Under common law, the duty to retreat requires individuals to make reasonable efforts to
avoid conflict before the use of deadly force.
What is the “stand your ground” defense?
It allows the individual to use force, including deadly force, to defend themselves without
any obligation to retreat.

How does the retreat doctrine apply?

Ir requires individuals to attempt to withdraw from a threatening situation before using
deadly force in self-defense.

What is the “castle doctrine”?

It is a legal principle that allows individuals to use force, including deadly force.

What is an imperfect defense?

It refers to a defense strategy that is incomplete or flawed, potentially reducing the level
of justification for a defendant's actions.

5.3 Other Use-Of-Force Defenses

What other defenses apply in the law?

Other defenses in law include insanity, necessity, alibi, entrapment and much more.

When can defense of others be used to offset a criminal charge?

Other defenses can be used including: reasonable belief, proportionality, immediacy and
no duty to retreat.

How can the defense of property be used to offset a criminal charge?

The defense of property can be used as a legal justification to offset a criminal charge
under certain conditions.

How much force can be used in a defense of property claim?

The use of deadly force, such as using a fireman, is often subject to stricter scrutiny and
may only be justified in certain circumstances.

How can a trespasser affect the defense of property claims?

The use of force in defending property including trespassers is typically subject to legal
principles. However something important to ask yourself is “is life worth more than
property,”

What is the defense of habitation?

It is a legal principle that allows individuals to use force, including deadly force in some
cases, to defend their homes or residences against unlawful intrusion or attack.

What three elements are necessary to justify defense of habitation?

The three elements are imminent threat, proportionality, and no duty to retreat.
Are “duty to retreat” claims necessary?
It usually depends on the jurisdiction and the specific self-defense laws in place. In many
jurisdictions, individuals have no duty to retreat before using force in self-defense.

What is immunity from prosecution and how does this apply in defense claims?
It grants legal protection for individuals. FOr example exempting them from criminal or
civil charges for specific actions in exchange for cooperation ro adherence.

How much force can law enforcement use to apprehend a criminal suspect?
This usually depends on the jurisdiction. In Tennessee, law enforcement can use deadly
force to arrest or apprehend a fleeing felon.

What is the constitutional standard for law enforcement force?

The constitutional standard for law enforcement force requires the use of force be
reasonable under the circumstances, as established by court decisions such as Graham
v. Connor.

When can deadly force NOT be used by law enforcement?

When there is no imminent threat of serious bodily harm or death.

5.4 Defenses Based On Choice

What is the “choice of evils” defense?
It is a necessity defense, which is a legal principle that allows individuals to justify their
otherwise unlawful actions if they believed they were necessary to prevent greater harm.

What are the three elements in this defense?

They are: imminent threat, no reasonable alternative, and lesser harm.

When is this defense valid?

It is valid when the defendant reasonably believes there is an imminent threat of
significant harm.

What is the “duress” defense?

The "duress" defense is a legal principle that allows individuals to excuse or mitigate
their criminal actions.

What are the three elements in this defense?

Usually it involves three key elements: a credible and imminent threat of serious harm, a
reasonable fear of that harm, and the absence of a reasonable opportunity to escape or
avoid committing the unlawful act.
5.5 Consent

When is consent commonly used?

It is most commonly used as a legal defense in situations where individuals voluntarily
and knowingly agree to certain actions or activities

When is consent a valid defense?

It is a valid defense when it is given voluntarily, knowingly, and by a person with the legal
capacity to provide such consent.

When is consent ineffective?

Consent is ineffective when it is not given voluntarily, is obtained through coercion

When is consent not knowing?

Consent is not knowing when individuals provide agreement without a clear
understanding of the nature, consequences, or significant elements.

What is involuntary consent?

If consent is obtained involuntarily, such as through coercion, threats, or force, it is not
considered valid consent in legal or ethical terms