Defense of others

Question 1

Common Law defense of others

Answer 1

• Majority: intervenor may defend another if she reasonably believes that the person she was assisting was in danger
• Minority: Alter ego approach - intervenor may defend another to the same extent that the person who he is defending would have been able to defend himself under the circumstances

Question 2

MPC Defense of Others

Answer 2

1) actor would be justified in using such force to defend himself against the injury he believes is threatening the person he seeks to protect
2) under circumstances as the actor believes them to be, the person who he seeks o protect would be justified in using such protective force, and
3) the actor believes that his intervention is necessary for the protection of such other person

Question 3

Common law defense of home

Answer 3

• In general, a person may use deadly force to defend an imminent attack on her home
  1) Imminent entry
  2) Unlawful entry
  3) Necessary to use deadly force to prevent the entry

Question 4

Modern defense of home

Answer 4

• In general, a person may use deadly force to defend an imminent attack on her home
  1) Imminent entry
  2) Unlawful entry
  3) Necessity to use deadly force to prevent the entry
  4) Reasonably believes that the intruder intends to commit a forcible felony when he enters
  a) Subjective: D believed that the other person was attempting to enter the premises to commit burglary
  b) Objective: the belief is also objectively reasonable

Question 5

Common law defense of property

Answer 5

• a person may not use deadly force to prevent theft under any circumstances, even if it is the only means of preventing the theft
• in limited circumstances, a person may use non-deadly force to prevent an imminent, unlawful theft
• (if she reasonably believes that such force is necessary to prevent imminent and unlawful dispossession of the property

Question 6

MPC defense of property and home

Answer 6

• person may use non deadly force to protect property if immediately necessary to prevent trespass on land or in fresh pursuit
• deadly force may be allowed if the person is attempting arson, burglary, robbery, or other felonious theft or if the person has used deadly force