Melissa Hinton

CJUS 2093
eHomework 5
1. What is the purpose of defense to a criminal charge? What is an "affirmative defense"?
a. The purpose of a defense to a criminal charge is to show why a person should not be
held liable for the criminal charge.
i. Built on 4 bases
1. Alibian argument that the defendant could not have committed the
crime in question, and in which witnesses or evidence may be presented
to prove the claim
2. In ability of the prosecution to prove all of the elements necessary for
the conviction
3. Justificationsin which the defendant admits committing the act in
question, but claims it was necessary in order to avoid some greater evil
a. Ex: Under immediate threat
4. Excusesthe defendant claims that some personal condition or
circumstance at the time of the act was such that he or she should not
be held accountable under the criminal law.
a. Ex: Insanity pleas
b. Affirmative defense is an answer to a criminal charge in which a defendant takes the
offense and responds to the allegations with his or her own assertions based on legal
principles. Affirmative defenses must be raised and supported by the defendant
independently of any claims made by the prosecutor, and include justifications and
excuses.

2. Explain the "execution of public duty" defense. When and by whom might such a defense be
employed?
a. Execution of a public duty defense is a defense to a criminal charge (such as an assault)
which is often codified, and which precludes the possibility of police officers and other
public employees from being prosecuted when lawfully exercising their authority.

3. When may force be used in self-defense? When may deadly force be used?
a. Force may be used in self-defense if a person needs to protect themselves against the
others use or attempted use of unlawful force.
i. A person who is being robbed may attack the robber in self-defense.
b. When fearing great bodily harm to yourself, or if in a dwelling to all of those in the
dwelling.
i. Exs: Rape, kidnapping, attempted murder

4. What is the difference between justifications and excuses? Give examples of each type of
defense.
a. Justificationsin which the defendant admits committing the act in question, but claims
it was necessary in order to avoid some greater evil
i. Ex: Under immediate threat
b. Excusesthe defendant claims that some personal condition or circumstance at the
time of the act was such that he or she should not be held accountable under the
criminal law.
i. Ex: Insanity pleas

5. What fundamental claim is raised by the defense of necessity? When are claims of necessity
most successful?
a. It was necessary to commit some unlawful act in order to prevent or to avoid a greater
harm to self or others
b. Claims of necessity have been most successful in cases where grave physical threats are
immediately present.
i. Ex: A person destroys a house to stop a fire from advance into town is far less
likely to incur criminal liability.