Defenses Flashcards
Types of Defenses
Intoxication (involuntary or voluntary)
insanity
Mistake of Fact
Self Defense
defense to others
defense to property
duress
necessity
Non deadly force Self Defense req.
entitled to use if reaonsable belief of imminent unlawful harm
Deadly Force requirement
believe deadly force will be used against you or subject to serious bodily injury or crime will result in SBI
Majority Rule for Duty to Retreat
not required even during deadly force
What is minority rule for duty to retreat
retreat instead of use deadly force if safe to do so
Requirement for Defense of Others
right to defend others that she has to defend herself
Requirements for defense of property
non deadly force only
What is requirement of duress
threat by 3rd party and reasonable belief that the only way to avoid death or SBI is to commit crime
injury is not enough, defense to all crimes but intentional murder