4. Justification Defenses

Question 1

Self Defense:

Answer 1

o	Non-deadly force
♣	Requirement: 
•	1. No fault 
•	2. Reasonable belief of unlawful force 
•	3. Allowable force 

o Deadly force
♣ May be used if D:
• 1. No fault
• 2. Reasonable belief of death or great bodily harm

o Self-defense by an initial aggressor
♣ Available if either:
• 1. Initial aggressor effectively withdraws before the need for self-defense arises and communicates his desire to do so or
• 2. Victim of the initial aggression suddenly escalates a minor dispute into a deadly altercation

Question 2

Police use of force to effectuate arrest

Answer 2

Non-deadly force: permissible to reasonably effectuate arrest

Deadly force: permissible to
• 1. Prevent escape of fleeing felon and
• 2. Fleeing felon poses threat of death or serious bodily harm

Question 3

Citizen use of force to effectuate arrest

Answer 3

o Citizen use of force to effectuate arrest
♣ Non-deadly force:
• 1. Crime was actually committed and
• 2. Reasonable belief the person to be arrested committed it

♣ Deadly force:
• 1. Prevent the escape of a person who committed a felony and
• 2. The fleeing felon threatens human life

Question 4

Crime prevention

Answer 4

♣ Non-deadly force:
• Permissible to prevent serious breach of peace

♣ Deadly force:
Common law and modern rules differ

o Common law: permission to prevent serious breach of peace
o Modern: (1) terminate or prevent dangerous felony and (2) felony threatens serious risk to human life

Question 5

Defense of Dwelling or other Property

Answer 5

o Defense of Dwelling
♣ Non-deadly force: allowed to prevent or terminate an unlawful entry or attack on one’s dwelling
♣ Deadly force: may be used if one reasonably believes:
• 1. Force is necessary to prevent attack on oneself or others by a person who made or attempted violent entry or
• 2. Force is necessary to prevent entry by a person who intends to commit a felony in the dwelling
o Defense of property (non-dwelling)
♣ Need to use force must reasonably appear imminent
♣ Deadly force not allowed
o Recovery of property
♣ Force is not allowed to regain property wrongfully taken, unless one is in immediate pursuit of the taker