Defenses Flashcards
CL self-defense
is not a self-defense for killing unless he withdrew from conflict/ the initial aggressor is under the duty to retreat if he may do so safely, before using deadly force in self defense
CL aggressor
o Aggressor has no right to claim self-defense. However, courts are split on whether words can render a person an aggressor.
CL non aggressor
o (1) necessity component (imminent threat), (2) proportionality requirement and (3) reasonable belief rule (D subjectively believed that he needed to use deadly force /reasonable person).
o Most jurisdictions do not require a person to retreat. In either jurisdiction, the castle doctrine is excepted: a non-aggressor is not required to retreat from his own dwelling.
o A robber cannot assert self-defense if the victim responds with force and the robber kills him. – unlawful
MPC self defense/ types
- A person is justified in using force upon another person if he believes that such force is immediately necessary to protect himself against the exercise of unlawful force by the other individual on the present occasion. (Subjective belief).
o The act of purposely firing a gun in the direction of a person or a vehicle that the actor believes in occupied constitutes deadly force. However, a mere threat to cause death or serious injury is not deadly force (like brandishing a weapon).
o Deadly force is unjustifiable unless the actor believes that such force is immediately necessary to protect himself against (1) death, (2) serious bodily injury, (3) forcible rape or (4) kidnapping.
MPC aggressor
o Code prohibits deadly force by the aggressor (even if nondeadly)
MPC when non-aggressor can deadly force can be used/ negligence
o Deadly force cannot be used if person can safely retreat/ does not require to retreat from the home.
o If D is negligent in his belief in the need for use of force, the defense in unavailable for a crime for which negligence is a sufficient mental state.
