Chapter 8 Powerpoint pt. 2 Flashcards
True or False: Vigilante justice is encouraged.
False; Vigilante justice is discouraged.
What are the seven elements of Self-Defense?
(1) Reasonable Belief
(2) Necessity
(3) Proportionality
(4) Retreat
(5) Aggressor
(6) Mistake
(7) Imperfect Self-Defense
__________ _______ – an individual must possess a reasonable belief that force is required to defend himself or herself.
Reasonable belief
________– the defender must reasonably believe that force is required to prevent the imminent and unlawful infliction of death or serious bodily harm
Necessity
____________ – the force employed must not be excessive or more than is required under the circumstances
Proportionality
_______– a defendant may not resort to deadly force if he or she can safely retreat, but this is generally not a requirement when the attack happens in the home, the workplace, or if the attacker uses deadly force.
Retreat
__________– an individual who unlawfully initiates force, generally, is not entitled to self-defense unless the initial force is not considered deadly force, but was met with deadly force.
Aggressor
________– an individual who is mistaken concerning the necessity for self-defense may rely on the defense so long as his or her belief is reasonable
Mistake
__________ _____-_______ – an individual who honestly, but unreasonably, believes that he or she confronts a situation calling for self-defense and intentionally kills is held liable in many states for an intentional killing. Other states argue that although the defendant cannot be acquitted, he or she should only be liable for the less serious crime of manslaughter
Imperfect self-defense
What are the two standards for self-defense?
(1) Subjective
(2) Objective
Is this subjective or objective standard for self-defense: defendant must demonstrate an honest belief that he or she confronted an imminent attack?
Subjective
Is this subjective or objective standard for self-defense: defendant must demonstrate that a reasonable person under the same circumstances would have believed that he or she confronted an imminent attack?
Objective
_____-________= reasonable belief + immediately necessary + to employ proportionate force + to protect oneself against unlawful force
Self-Defense
Self-Defense= __________ ______ + immediately necessary + to employ proportionate force + to protect oneself against unlawful force
reasonable belief
Self-Defense= reasonable belief + __________ _________ + to employ proportionate force + to protect oneself against unlawful force
immediately necessary
Self-Defense= reasonable belief + immediately necessary + to employ ____________ ______ + to protect oneself against unlawful force
proportionate force
Self-Defense= reasonable belief + immediately necessary + to employ proportionate force + to protect oneself against _______ ______
unlawful force
Model Penal Code adopts a ________ approach, but is adopted by very few courts because it does not employ the __________ _______ standard.
subjective
reasonable person
______ ______ ______ adopts a subjective approach, but is adopted by very few courts because it does not employ the reasonable person standard.
Model Penal Code
What happened in People v. Goetz?
- The defendant, Bernhard Goetz, was both vilified and exalted in the press and in public opinion.
- The defense of justification which permits the use of deadly physical force is not a purely subjective standard; the actor must not only have the subjective belief that deadly physical force is necessary, but those beliefs must also be objectively reasonable.
- The mere appearance of perjured testimony given before the Grand Jury is not sufficient to sustain a dismissal of an indictment.
_________-the harm “is about to happen.”
Imminence
What are the three components of imminence?
(1) Resolution of disputes
(2) Last resort
(3) Evidence
___________ __ _______ – the law encourages the peaceful resolution of disputes where possible
Resolution of disputes
_____ ______ – individuals should only resort to self-help where strictly required
Last resort