Defense of Another Flashcards
Defense of Another
in matters involving deadly force, the thing defended must be another person; property insufficient to establish
two approaches:
1. reasonable appearance rule
2. alter ego rule
Reasonable Appearance Rule
an intervenor is justified in using deadly or non-deadly force to the extent that such force reasonably appears to the intervenor to be justified in the defense of the third party.
Alter ego rule
intervenor may only use force to defend a third party if the defended party would in fact have been justified in using force to the same degree in self-defense;
intervenor steps into the shoes of the person defended
mpc
D is justified using force upon another person if all are met:
- D uses no more force to protect X than D would be entitled to use in self protection, based on the circumstances D believes them to be
- as D believes circumstances to be, **x would be jusitified in using **
- D believes intervention is necessary to protect