Defenses

Question 1

When must pure/affirmative defenses generally brought up

Answer 1

after the state has proved its case in chief

Question 2

What happens when defendant raises a mistake issue

Answer 2

The judge will tell the jury that the state has the burden to disprove this theory by proving BRD that the mistake was not honest/not reasonable

Question 3

What are justification defenses

Answer 3

What is normally a crime isn’t because it was necessary. Accomplice liability cannot flow from these because there is no crime

Question 4

What do you always have to ask in justification defenses

Answer 4

Was it really necessary? If so then justified, if justified not unlawful. if not unlawful not a crime

Question 5

What are the elements of self defense

Answer 5

1) Actual or apparent threat of death or grievous bodily harm
2) Threat was unlawful
3) Belief of imminent peril (in MPC it is immediate peril)
4) Response was necessary (no real alternative)

Question 6

What is the clean hands doctrine at CL

Answer 6

Defendant cannot be the provoker. You can make your hands “clean” again by TOTALLY withdrawing. However, It doesn’t matter if you were the aggressor and he responded with excessive force. you started it. You dont have clean hands. No defense

Question 7

What is the clean hands doctrine at MPC

Answer 7

Defendant cannot be the provoker. You can make your hands “clean” again by TOTALLY withdrawing. IF you are the agressor and the victim responds with excessive force, your hands become clean again and you can claim self-defense

Question 8

What is proportional response

Answer 8

Ask: How much force did defendant use? Was it more than what he had to do to stop the force?

If Defendant used more force than was needed then it wasn’t necessary, wasn’t justified, wasn’t lawful, therefore he can’t claim self defense.

Use of deadly force is ONLY justified when protecting a life

Question 9

What is the retreat doctrine

Answer 9

a. It is only necessary if there was no viable alternative to get away
b. Before ∆ can claim use of force for self defense ∆ must have retreated “to the wall” (as far as he could have reasonably gone)

Question 10

What is the exceptions to retreat doctrine

Answer 10

i. Castle doctrine
1. If you are in your “castle” you don’t have to retreat
2. Includes the home and the area around it
ii. If retreat will not provide safety (say, from a bullet) then ∆ doesn’t have to retreat

Question 11

What is the CL rule to the threat having to be imminent

Answer 11

it must be about to happen, overwhelming, NO ALTERNATIVE MOMENT

Question 12

What is the MPC rule to the threat having to be imminent

Answer 12

immediate, no opportunity to avoid the threat. Relaxes imminence to what was immediately reasonable

Question 13

What do juries look at to determine the necessity judgement of imminency

Answer 13

through an objective critique from the lens of the defendants subjective state of mind: They consider what the defendant saw at the moment (objective) and then factor in everything defendant knew about the victim

Question 14

What is the CL test for the finder of fact for self-defense

Answer 14

Would an objective reasonable person in the defendants position knowing that the defendant knew honestly (subjectively) and reasonably (objectively from perspective of defendant) have believed it was necessary

Question 15

What is the MPC test for the finder of fact for self-defense

Answer 15

Belief it was necessary only has to be honest, but if the judgement was reckless or negligent, then defendant is guilty of lesser included offenses

Question 16

What is imperfect self defense

Answer 16

In some jurisdictions, defendant who honestly but unreasonably acts in self defense will get an imperfect self-defense

Question 17

What is the effect of imperfect self-defense

Answer 17

instead of erasing the crime altogether, it acts as a partial excuse and downgrades murder to manslaughter b/c the honest mistake in defendants judgement of necessity makes it a reckless decision, negating the malice required for murder

Question 18

What is reckless judgement of necessity

Answer 18

in MPC if jury determines the judgement was reckless, that the defendant honestly believed it but the belief was reckless it acts as a partial excuse

Question 19

What is the effect of reckless judgement of necessity

Answer 19

Instead of erasing the crime, it downgrades murder to manslaughter because it negates the purpose required for murder

Question 20

What is the question to ask for defense of others

Answer 20

Was the person the defendant defendant justified in self defense. If yes then the defendant is also justified. the person being defendant must meet the same qualifications

Question 21

What is the original CL rule for defense of others “clean hands”

Answer 21

Defendant is an “alter ego” of the one he is rescuing. If one comes to aid of someone who had “dirty hands” then he has no defense of others claim

Question 22

What is the reform CL rule for defense of others “clean hands”

Answer 22

So long as the defender reasonably believed the defended had a right to self-defense, he is justified in his claim of defense of others. Still may be able to claim imperfect defense of others if makes a reckless judgment of necessity

Question 23

What is the thought on defense of property

Answer 23

Preservation of life is more valuable than even the most valuable property