CRJU 314 Criminal Law
CRJU 314 Criminal Law CRJU 314 001
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This 3 page Class Notes was uploaded by Molly Jankowski on Monday January 25, 2016. The Class Notes belongs to CRJU 314 001 at University of South Carolina taught by Theresa Clement in Spring 2016. Since its upload, it has received 110 views. For similar materials see Criminal Law in Criminology and Criminal Justice at University of South Carolina.
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Date Created: 01/25/16
CRJU 314 11916 Substantive Criminal Law the dos and don t of the law for ex don t rape don t murder 0 everyone understands 0 names the crime amp delegates the details of the crime and elements that are needed to prove guilty Procedural Criminal Law suspected that you have committed a crime what you do after we do not focus on this in CRJU 314 GENERAL Defenses to Criminal Charges In ALL these types of defenses the JURY decides gt they may not believe it was justified self defense 0 not about what actually happened gt it s about what you can PROVE Both of these defenses fall under affirmative defense must prove defense in court by clear and concise evidence 1 excuses admits what you did was wrong but because of circumstances shouldn t be held responsible L any actions you did while responding to 2 justifications defendant admits he did it but under the circumstances his actions were right justified L self defense intent to kill still justified This defense falls under defense shifting not affirmative defense L preponderance of evidence more likely than not 51 believable 3 alibai you were not even there could not have done it because you were not present 0 BIGGEST PROBLEM you are usually with family or friends who juries believe will lie for you can ask witnesses through cross examination if they saw you prove you were somewhere else paper trails gt receipts ACTUAL Defenses to Criminal Charges affirmative defenses 1 necessity response to circumstances gt commits crime to avoid another crime or bad act Elements emergency e I 0 reasonable fear of serious harm if you don t commit the act 0 no other reasonable alternative to avoid that crime other than committing another crime created by Queen v Dudley affirmative defense 2 duress defendant is responding to a person and had to commit a crime to avoid another crime or bad act L CANNOT BE USED IN A KILLING CASE Elements 0 imminent threat of bodily harm o no other reasonable alternative to avoid harm other than committing the crime TO CLARIFY necessity or duress L circumstances cause Lgt a person causes affirmative defense 3 self defense using force to protect yourself from other person s attack when there are no other gov agencies to do it for you L CAN T be a justification for actions caused by just words L CAN T be a justification for what you thought would be a future attack L CAN T be a justification for a prior attack Elements 0 an actor self defender who is NOT the aggressor is justified in using a amount of force against his adversary if he believes you can t bring on the fight 1 immediate danger of unlawful bodily harm 2 use of force is necessary to avoid that danger harm excessive force is not allowed gt if it is a non deadly attack use non deadly force if it is a deadly attack use deadly force Excep on o if you started it you can t use self defense UNLESS the victim attacks back with deadly force to your non deadly confrontation Withdrawal you have no right to self defend unless you withdraw in good faith and verbally said so but the other player comes and attacks you gt aka you attempted to stop the attack L Retreat Rule if there is the means to leave the situation before deadly force is used you are to retreat 0 police officers are never required to retreat Retreat laws in SC on the use of deadly force 0 if youre own your own land you do not need to retreat o if you re on your own business or where you work you do not need to retreat o if you are a guest in someone s home L easily diminished at a club which you are a member if retreating would be more dangerous than self defending 121 Syllabus Quiz no lecture
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