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
_______– the existence of a clear and measureable threat provides confidence that the defendant is acting out of self-defense rather than out of a desire to punish the assailant or to seek revenge
Evidence
What happened in the State v. Norman case?
- Judy Ann Laws Norman (Defendant), shot and killed Mr. Norman while he slept after Mr. Norman had beaten the Defendant on the day in question.
- Mr. Norman also had a history of beating the Defendant.
- The killing of a passive victim does not prevent the defense of self-defense.
True or False: non-deadly force can be met with excessive force.
False; non-deadly force cannot be met with excessive force
_______ _____ is force that a reasonable person under the circumstanced would be aware will cause or create a substantial risk of death or substantial bodily harm.
Deadly force
Stand your ground rule, negates the requirement to _______, but is only adopted by few courts.
retreat
True or False: Stand your ground rule is only adopted by a few courts.
True
_____ ____ ______ _____, negates the requirement to retreat, but is only adopted by few courts.
Stand your ground rule
An aggressor employing non-deadly force must clearly abandon the struggle and it must be a ___________ ___ ______ ______ to regain the right to self-defense, rather than a tactical retreat where an individual retreats with the intent of continuing the hostilities
withdrawal in good faith
An aggressor employing non-deadly force must clearly abandon the struggle and it must be a withdrawal in good faith to regain the right to self-defense, rather than a _______ _______ where an individual retreats with the intent of continuing the hostilities
tactical retreat
_______ ________ provides that individuals inside the home are justified in “holding their ground” and need not retreat
Castle Doctrine
What happened in the U.S. v Peterson case?
- Bennie L. Peterson (Defendant), was convicted by jury of manslaughter for the killing of Charles Keitt.
- The Defendant walked to a point in his yard and threatened to kill Keitt if he came into his yard.
- Keitt then returned to his car, retrieved a lug wrench, and advanced toward the defendant with the wrench in a raised position.
- The Defendant warned Keitt to stop, but he continued onward.
- The Defendant shot Keitt in the face from a distance of about ten feet.
