Defending Self, Others, and Property Flashcards
What are the three general principles of self defense?
Necessity, proportionality, and reasonable belief
Regarding self defense,
What kind of test is used (objective/subjective) to determine the reasonableness of the defendant’s actions?
The majority of jurisdictions use a subjective/objective mixed test. The defendant asserting self defense must actually hold the belief (subjective) and it must be a reasonable belief of imminent and unlawful harm (objective).
Regarding self defense,
What may a jury consider to determine reasonableness?
In determining reasonableness, a jury may consider any prior experiences the defendant has had which could provide a reasonable basis for belief that another peron’s intentions were to injure him or that the use of deadly force was necessary under the circumstances.
What are the 7 requirements for common law self defense?
At common law, self defense required:
1. That the D be threatened with the use or threat of immediatue use of;
2. Unlawful;
3. Force;
4. That does or could cause physical injury;
5. That a reasonable person would believe could not be avoided withou the use of physical force; and
6. That the defendant uses a reasonable amount of force; and
7. That the defendant was not the first aggressor.
What is the duty to retreat?
At common law, as part of the necessity principle, there was a duty to retreat if a place was reasonably available before the use of deadly force. This is the minority position in America.
What is the castle doctrine?
The castle doctrine states that a person need not withdraw in their own home or curtilage.
Regarding self defense,
At common law, what was the defendant’s burden of proof?
The defendant had the burden to prove self defense by a preponderance of the evidence. This is the minority view and has largely been abandoned.
Regarding self defense,
What is the modern approach to the defendant’s burden of proof?
The defendant has the initial burden of production - to produce evidence to establish self defnse - and then the prosecution has the burden to demonstrate the lack of self defense beyond a reasonable doubt.
What 3 things do “stand your ground” laws do?
Now the majority rule, stand your ground laws (1) expand the use of deadly force to prevent the imminent commission of a forcible felony; (2) vreate a presumption that a defendant’s belief of imminent harm was reasonable; and (3) creates a presumption that an intruder enters a home or vehicle with the intent to commit an unlawful act.
When is battered person/spouse syndrome applicable?
It may be argued in cases where a spouse acts in self defense but it is argued that the spouse sohuld have left the abuser earlier.
What is the basic understanding of defense of others?
In defending another, one simply steps into the shoes of the victim and is able to do only as muchas the victim himself would lawfully be permitted to do.
What 3 things must the defendant show to establish defense of others?
To establish defense of another, the defendant must show:
1. That they used reasonable force;
2. In a situation where they had a reasonable belief in the lawfullness of their action; and
3. The person being defended was in imminent danger of death or serious bodily harm from which they were unable to save themselves.
Regarding defense of others,
What is reasonable force?
Force that is proportional and the same level of force the person being defended could use
What 4 things must a defendant show for defense of property?
To establish defense of property, the defendant must show:
1. They used reasonable force to protect their property;
2. From trespass or theft;
3. When they believed their property was in immediate danger of an unlawful trespass or taking; and
4. That the use of force was necessary to avoid the danger.
What is the majority rule regarding deadly force for defense of property?
The majority rule is that deadly force cannot be used to protect property, except when in defense of habitation when there is a threat to the defendant or their family.
