Criminal Law Chapter 5

When is it right to commit a lesser crimes to avoid the harm of a greater crime?

1. Destroying property to prevent spreading fire 2. Violating a speed limit to get a dying person to a hospital 3. Throwing cargo overboard to save a sinking vessel and its crew Dispensing drugs without prescription in an emergency 4. Breaking into and entering a mountain cabin to avoid freezing to death

What are the steps of choosing the lesser evil?

1. Identify the evils 2. Rank the evils 3 Choose based on the reasonable belief that the greater evil is imminent; namely, it's going to happen right now.

The four factors of self defense:

1. Nonaggressor: The defender didn't start or provoke the attack. 2. Necessity: Defenders can use deadly force only if they reasonably believe it's necessary to repel an imminent deadly attack - namely, one that's going to happen right now. 3. Proportionality: Defenders can use deadly force only if the use of nondeadly force isn't enough to repel the attack. Excessive force isn't allowed. 4. Reasonable belief: The defender has to reasonable believe that it's necessary to use deadly force to repel an imminent deadly attack.

Criminal Conduct

A criminal act triggered by criminal intent

Necessity

A defense that argues an imminent danger of attack was prevented.

Choice-of-evils Defense

Also called the general defense of necessity, it justifies the choice to commit a lesser crime to avoid the harm of a greater crime.

Imminence Requirement

An element of self-defense requiring the danger to be "right now!"

Mitigating Circumstances

Circumstances that convince fact finders that defendants don't deserve the maximum penalty for the crime they're convicted of.

Voluntary Consent

Consent was the product of free will, not force, threat of force, promise, or trickery.

Justification Defenses

Defendants admit they were responsible for their acts but claim that, under the circumstances, what they did was right.

Excuse Defenses

Defendants admit what they did was wrong but claim that, under the circumstances, they weren't responsible for what they did.

Affirmative Defenses

Defendants have to "start matters off by putting in some evidence in support" of their justification or excuse defenses.

Perfect Defenses

Defenses in which defendants are acquitted if they're successful.

Withdrawal Exception

If initial aggressors completely withdraw from attacks they provoke, they can defend themselves against an attack by their initial victims.

Stand-your-ground Rule

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.

Cohabitant Exception

In the jurisdictions that follow the retreat rule, people who live in the same home don't have to retreat.

Battered Woman's Syndrome (BWS)

Mental disorder that develops in victims of domestic violence as a result of serious, long-term abuse.

Initial Aggressor

Someone who provokes an attack can't then use force to defend herself against the attack she provoked.

Competency Hearings

Special hearings to determine if defendants who have used the insanity excuse defense are still insane.

Curtilage

The area immediately surrounding the home.

Defense of Consent

The justification that competent adults voluntarily consented to crimes against themselves and knew they were consenting to.

Authorized Consent

The person consenting has the authority to give consent.

Knowing Consent

The person consenting understands what she's consenting to; she's not too young or insane to understand.

Imperfect Defense

When a defendant fails in the full defense but is found guilty of a lesser offense.

Castle Exception

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 of serious bodily injury.

Retreat Rule

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.