1. Name five types of defenses. 2. What is the difference between a perfect defense and...
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1. Name five types of defenses. 2. What is the difference between a perfect defense and an imperfect defense? 3. What are two common burden of proof patterns in affirmative defenses? 4. Explain the differences among "beyond a reasonable doubt," "preponderance of the evidence," and "clear and convincing." 5. Name four constitutional defenses to criminal charges. 6. Under what circumstances is a second charge likely to be considered double jeopardy? Why must a prosecutor always be cognizant of the double jeopardy issue? Explain the similar concern for collateral estoppel. 7. What is the rationale behind statutes of limitations? What crimes are least likely to have such time limits? 8. What constitutional right do ex post facto laws violate? 9. What assertion is made in a justification defense? 10. What are the elements of self-defense? 11. Describe the subjective and objective tests of reasonableness in self-defense. 12. What is the castle doctrine in self-defense? In defense of habitation? 13. What restrictions does the decision in Tennessee v. Garner place on use of force by police? 14. How does excuse differ from justification? 15. How are duress and necessity similar? Different? 16. What are the subjective and objective tests for entrapment? Which is most widely used? 17. What is the major pitfall of the insanity defense? 1. Name five types of defenses. 2. What is the difference between a perfect defense and an imperfect defense? 3. What are two common burden of proof patterns in affirmative defenses? 4. Explain the differences among "beyond a reasonable doubt," "preponderance of the evidence," and "clear and convincing." 5. Name four constitutional defenses to criminal charges. 6. Under what circumstances is a second charge likely to be considered double jeopardy? Why must a prosecutor always be cognizant of the double jeopardy issue? Explain the similar concern for collateral estoppel. 7. What is the rationale behind statutes of limitations? What crimes are least likely to have such time limits? 8. What constitutional right do ex post facto laws violate? 9. What assertion is made in a justification defense? 10. What are the elements of self-defense? 11. Describe the subjective and objective tests of reasonableness in self-defense. 12. What is the castle doctrine in self-defense? In defense of habitation? 13. What restrictions does the decision in Tennessee v. Garner place on use of force by police? 14. How does excuse differ from justification? 15. How are duress and necessity similar? Different? 16. What are the subjective and objective tests for entrapment? Which is most widely used? 17. What is the major pitfall of the insanity defense?
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ANSWER Five types of defenses in criminal law are a Alibi b Justification c Excuse d Affirmative defense e Procedural defense The difference between a perfect defense and an imperfect defense lies in ... View the full answer
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