Defenses

Question 1

justification element

Answer 1

1. Necessity
2. Proportionality
3. Reasonable belief (subjective)

Question 2

A person is justified in using deadly force against another if

Answer 2

1. he is not the aggressor; and
   2.reasonably believes that such force is necessary to repel the imminent use of unlawful deadly force by the other person

Question 3

if defending your home, must you retreat before using self-defense?

Answer 3

no

Question 4

Self-defense nondeadly aggressor

Answer 4

majority rule: A immediately regains her right to self-defense as soon as B threatens excessive force

minority rule: If B responds to A’s nondeadly aggression by threatening to use deadly force against A, A may not use deadly force in self-defense unless A first retreats and B continues to threaten A with deadly force. If no safe retreat is possible, however, A may immediately use deadly force

Question 5

Self defense deadly aggressor

Answer 5

A, a deadly aggressor, loses the right of self-defense in a conflict unless they abandon their deadly design and communicates this fact to B

Question 6

Defense of others

Answer 6

A person is justified in using deadly force to protect a third party from unlawful use of force by an aggressor

Question 7

Defense of property

Answer 7

• a person is never justified in using deadly force to defend personal property
• a person is justified in using nondeadly force if they reasonably believe the threat is imminent and must be in lawful possession of the property

Question 8

hot pursuit

Answer 8

nondeadly force is permitted in fresh pursuit of a dispossessor of property

Question 9

Necessity

Answer 9

• cannot be used to justify homicides
• elements:
  1. lesser evil
  2. imminency of harm
  3. causal element: must reasonabley believe that this actions will abate the threatened harm
  5. blamelessness

Question 10

duress

Answer 10

• not used for homicides
• a person will be acquitted for offense is they prove they committed the offense because a) an other person unlawfully threatened imminently to kill or grievously injure her or another person unless they committed the crime, and b) she is not at fault in exposing herself to the threat

Question 11

voluntary intoxication

Answer 11

person is never excused for his criminal conduct on the ground that he became voluntarily intoxicated.

Question 12

voluntary intoxication (specific-intent)

Answer 12

a person is not guilty of a specific-intent offense if, as the result of voluntary intoxication, he lacked the capacity or otherwise did not form the specific intent required for the crime