Defenses Flashcards
Self Defense
Arnis Rule
Actual, and
reasonable belief that such force;
is necessary to avoid;
imminent;
serious bodily har
Self Defense must be…
Proportional. Can only use deadly force when the attack threatens death or serious bodily harm
For Self Defense is Retreat required ?
No
Self defense is not available to …
one who provokes justifiable force against himself
Excusable homicide
Even When D bears some fault for provoking the use of force against him, D may use self-defense after
1) Retreating as far as possible
2) Announcing intent to Desist; then
3) kIlling out of necessity
Imperfect self-defense
When D has an actual but unreasonable belief that force is necessary, the crime is mitigated from murder to manslaughter
Defense of others
If D Reasonably believes that circumstances exist that would permit the apparent victim to use such force in his own defense.
Mistake does not negate the defense as long as it is reasonable
Defense of property
D can use non-deadly force to protect personal property when he believes that is necessary
Entrapment
1) The idea for the crime originated with the law enforcement officer; and
2) The D is not predisposed to the criminal act