Exam 5: Defenses to Criminal Liability I: Justifications

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A(n)_____________ defense is one that only reduces the conviction to a lesser offense.​

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imperfect

​Deadly force may never be used for defense.

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False

At the heart of the "choice of evils" defense is the necessity to prevent what kind of danger?

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A

​Two types of affirmative defenses are "perfect" and "imperfect" defenses.Explain the difference between a "perfect" and an "imperfect" defense.Provide examples of each.What is one exception to a "perfect" defense?

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What kind of defense is diminished capacity?

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The retreat rule is the

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​At the heart of the "choice of evils" defense is the necessity to prevent

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Evidence that doesn't amount to a perfect defense might amount to an imperfect defense; that is,defendants are

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The four elements of self-defense are non-aggressor,necessity,reasonable belief and

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​What type of laws are drastically reforming the law of self-defense?

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Case 5.3 Savannah and her girlfriend Vanessa have been drinking at her apartment most of the afternoon. They are arguing when Savannah goes into her bedroom and gets her gun. She shoots at Vanessa but misses. Vanessa leaves the apartment and gets a gun from her car. She returns to the apartment. Savannah yells stop and runs towards the bathroom. Vanessa shoots at her but also misses. Savannah turns and shoots Vanessa. -What element of self-defense would Savannah fail to meet in this encounter if she did not withdraw?

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"Inevitable" harm is the same as "imminent" harm.

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At the heart of the defense of consent is the high value placed on the right to

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Which of the following is a key requirement of the necessity defense?

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To provide a valid consent defense,the consent of the victim must be

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What is the heart of self-defense?

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Most affirmative defenses are imperfect defenses.

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A victim of domestic violence is justified in shooting her cohabitant husband while he is asleep.

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In both justifications and excuses,the defendant admits doing the criminal act.

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Case 5.5 Tiffany is walking to the market to buy groceries. A man comes up behind her and puts a gun in her back. He tells her to step into the alley with him. Tiffany goes to the alley with the man who tells her to remove her clothes. Before she can do what he says the man drops the gun and Tiffany grabs it and shoots him. The man dies. -If Tiffany is charged with murder which of the following defenses should she use?

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