Defenses Flashcards
When must pure/affirmative defenses generally brought up
after the state has proved its case in chief
What happens when defendant raises a mistake issue
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
What are justification defenses
What is normally a crime isn’t because it was necessary. Accomplice liability cannot flow from these because there is no crime
What do you always have to ask in justification defenses
Was it really necessary? If so then justified, if justified not unlawful. if not unlawful not a crime
What are the elements of self defense
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)
What is the clean hands doctrine at CL
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
What is the clean hands doctrine at MPC
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
What is proportional response
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
What is the retreat doctrine
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)
What is the exceptions to retreat doctrine
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
What is the CL rule to the threat having to be imminent
it must be about to happen, overwhelming, NO ALTERNATIVE MOMENT
What is the MPC rule to the threat having to be imminent
immediate, no opportunity to avoid the threat. Relaxes imminence to what was immediately reasonable
What do juries look at to determine the necessity judgement of imminency
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
What is the CL test for the finder of fact for self-defense
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
What is the MPC test for the finder of fact for self-defense
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
What is imperfect self defense
In some jurisdictions, defendant who honestly but unreasonably acts in self defense will get an imperfect self-defense
What is the effect of imperfect self-defense
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
What is reckless judgement of necessity
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
What is the effect of reckless judgement of necessity
Instead of erasing the crime, it downgrades murder to manslaughter because it negates the purpose required for murder
What is the question to ask for defense of others
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
What is the original CL rule for defense of others “clean hands”
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
What is the reform CL rule for defense of others “clean hands”
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
What is the thought on defense of property
Preservation of life is more valuable than even the most valuable property
