Defenses

Question 1

Self Defense

Answer 1

the defendant must show they had an
(1) honest, actual subjective belief, and
(2) that belief was objectively reasonable
(3) there was an imminent threat
(4) that necessitated the use of force
(5) safe retreat was not possible

Question 2

Necessity

Answer 2

(1) defendant acts to avoid greater
(2) that harm is imminent
(3) there are no legal alternatives to committing the crime
(4) defendant is not responsible for creating situation
(5) greater harm can only be avoided by committing lesser crime
ADDITIONAL
(6) defendant does not continue the illegal conduct any longer than necessary

NEVER a defense to murder

Question 3

Duress

Answer 3

(1) Defendant is faced with an immediate threat of death of serious bodily injury to themselves or someone else
(2) Defendant was placed in reasonable fear that the threat would be carried out if they did not commit the crime
(3) Defendant had no reasonable alternative to escape the threatened harm and avoid committing the crime and
(4) defendant was not at fault for creating the situation that produced the duress

NEVER a defense to murder

Question 4

Intoxication

Answer 4

generally only a defense if intoxication was involuntary; may mitigate to a lower crime if mens rea affected by intoxication

Question 5

Imperfect vs. Perfect Self Defense

Answer 5

Imperfect self defense occurs when the defendant’s subjective belief of harm was unreasonable and/or they believed no safe retreat was available even though it was

Question 6

Notes on Self Defense

Answer 6

The defendant must have been the target of an unlawful attack
The situation must not be self-generated

Question 7

Castle Doctrine

Answer 7

There is no duty to retreat when one is in their own home, however this does not apply to the curtilage of the home

Question 8

Notes on Intoxication

Answer 8

States can bar the defense and not allow it to be considered at all (Montana)

Question 9

Involuntary Intoxication

Answer 9

works as a complete defense when
(1) defendant has a medical prescription, given to them by a professional who did not warn them of the intoxicating effects and defendant did not know it was an intoxicating substance
(2) if the intoxication was not self-induced (being slipped something in a drink)