Exam 8: Justifications

What is the difference between the "retreat to the wall" rule and the "stand your ground" rule?

What must the prosecution establish in a criminal trial in order to obtain a conviction?

What is the order in which a criminal case proceeds?

Timothy is the defendant in a criminal trial. It is the first day of the trial and the jury has just been chosen. His attorney, fresh out of law school, files a motion for judgment of acquittal. Has this motion been properly filed?

In order to utilize self-defense, a defendant must reasonably believe that:

______ preserves the right to life and bodily integrity of an individual confronting an imminent threat of death or serious bodily harm.

An individual who is mistaken concerning the necessity for self-defense may not rely on the defense.

Mindy called the police reporting a robbery at the bar next to her place of business. Two police officers arrived at the scene. As one police officer surveyed the scene, the other officer called for back-up. When the officer approached the back of the bar, the suspect ran out of the front door. The police called for the suspect to stop, but he kept running. As the suspect approached a chain link fence, the officer told him to stop one last time. The suspect began to climb the fence, and the officer shot the suspect in the head. The suspect died on the spot. When is a police officer justified in using deadly force? In this case, was the officer justified? Why or why not? What if the suspect had been running with a hammer in his hand? Would the ruling be different? Why or why not?

Self-defense is recognized in how many states?

A defendant who establishes a ______ defense is able to satisfy each and every element of a justification defense and is acquitted.

An individual intervening under the alter ego rule may be an aggressor or may not possess the right to self-defense.

What is the legal equation for self-defense?

Under what circumstances can an individual use deadly force to defend himself or herself?

Give an example of an excuse.

Evidence that is not relevant for justification or excuse may still be relied on during the sentencing stage as a(n) ______ that may reduce the defendant's punishment.

Jin is taking an evening stroll through the park when he happens upon an altercation between what seems like a husband and wife. He witnesses the wife repeatedly hitting the husband. He intervenes and restrains the wife by shoving her to the ground and restraining her. She breaks free and continues to beat the husband. Jin pepper sprays the wife. She intends to press criminal charges against Jin because her husband actually initiated the altercation and she has bruises all over her body to prove it. Will Jin be held criminally liable?

______ gives law enforcement the authority to use deadly force on suspects.

An aggressor employing non-deadly force must clearly abandon the struggle and ______ in order to gain the right to self-defense.

A police officer may not use deadly force against a fleeing felon who poses an imminent threat to the police or to the public.

Individuals retain the right to resist a police officer's ______.