4. Principles of Exculpation

Question 1

Self-Defense

Answer 1

A person may use physical force to the extent that he reasonably believes such force is necessary to defend himself or another from the use or imminent use of unlawful force unless:

1. With the intent to cause physical injury to another, he provoked the use or imminent use of such force
2. He was the initial aggressor, or
3. The use or imminent use of force is pursuant to an unlawful combat agreement.

Question 2

Retreat

Answer 2

A person may not use deadly force if he can safely retreat.

Question 3

Retreat is not required if the person:

Answer 3

1. Is in his dwelling and is not the initial aggressor,
2. Is a peace officer or acting under a police officer’s direction,
3. Believes the other person is committing or attempting kidnaping, forcible rape, forcible criminal sexual act, or robbery
4. Believes the the other person is committing a burglary.

Question 4

What is duress?

Answer 4

An affirmative defense to all crimes including homicide.