Defenses

Question 1

Self-Defense

Answer 1

Non-Deadly Force:
- A victim is entitled to use non-deadly force any time he reasonably fears imminent unlawful harm.

Deadly Force:
- A victim is entitled to use deadly force only if he reasonably believes that deadly force will be used against him, or under the MPC, reasonably believes that the crime will result in serious bodily injury.

Majority rule is that retreat is NOT required even when entitled to use deadly force.

Even in minority jurisdictions, retreat is never required when the person employing deadly force is in his own home.

Question 2

Defense of Others

Answer 2

An individual has the same right to defend other individuals against a criminal that she has to defend herself.

Question 3

Defense of Property

Answer 3

Right to use only non-deadly force to protect property.

Question 4

Duress

Answer 4

D claims he committed a crime only because he was threatened by a third-party, and reasonably believed that the only way to avoid death or injury to himself or others was to commit the crime.

In order to be a defense, there must be a threat of death or serious bodily harm. Mere injury, particularly injury to property, is NOT sufficient.

Defense to all crimes except intentional murder.

Question 5

Necessity

Answer 5

Available in response to natural forces (i.e., choice was the lesser of two evils).