LAW 604 Lecture Notes - Lecture 7: Model Penal Code, Manslaughter, Affirmative Defense
Document Summary
If the underlying felony is justified/excused, then you can"t get a felony murder conviction based on that felony. Defenses justifications: burden of production burden of providing evidence to support your theory of defense, burden of proof always on the government in criminal proceedings. 2: failure of proof defense defense says the government has failed to prove beyond a reasonable doubt the elements. You can"t prove i"m guilty. : affirmative defense defense provides a justification or an excuse for the crime. The government has proven every element of the crime, but i shouldn"t be held responsible because ( yes, but defense. : burden of an affirmative defense is on the defendant. Can"t be sleeping. : in class we said, traditionally common law didn"t allow lethal force to be used against non-lethal force. This has changed. : belief that harm is threatened must be reasonable. (subjective and objective belief that harm is threatened. ) (this is all-or-nothing.
