Defenses

Question 1

Self Defense: Deadly Force Elements

Answer 1

1. D must reasonably believe use of deadly force was necessary
2. To protect himself from an imminent infliction of deadly force

Question 2

Self Defense: Honest, but Unreasonable Deadly Force

Answer 2

Jurisdictions Vary:

1. Murder (too bad)
2. Imperfect Self Defense:
   - Some J’s = Voluntary MS
   - Some J’s = Involuntary MS
3. MPC
   - If reckless belief deadly force necessary = MS
   - If negligent belief deadly force necessary = Negligent Homicide
4. Not Guilty of any crime (extreme minority)

Question 3

Self-Defense: Non-Deadly Force

Answer 3

May always use non-deadly force to protect oneself from imminent infliction of a wrongful non-deadly force

Question 4

Self Defense: Initial Agressor Rule

Answer 4

General Rule: If one is the initial agressor of the unlawful force, they cannot invoke a self-defense defense

Exceptions:

1. Communicate intent to completely withdraw from forceful conduct
2. Escalation of force by victim of initial agression

Question 5

Self-Defense: Duty to Retreat

Answer 5

General Rule: Victim of initial agression has no duty to retreat

Exception: Some J’s differ when they can retreat in complete safety

Question 6

Defense of Property: Deadly Force

Answer 6

May never use deadly force to defend property

Question 7

Defense of Property: Non-Deadly Force

Answer 7

Justifiable when D reasonably believes that property was in danger and no greater force than necessary was used.

Exception: Only improper when request to desist would suffice

Question 8

Defense of Habitation: Three Approaches

Answer 8

1. Common Law:
   - Deadly force acceptable if D reasonably believes the deadly force was necessary to prevent an imminent unlawful entry
2. Second Approach:
   - Common law +
   - must reasonably believe intruder intends to commit a felony in home, OR
   - cause injury from force
3. Third Approach:
   - Common Law +
   - must reasonably believe that intruder will commit a forcible felony in the home, OR
   - poses a risk of death or serious bodily harm to someone in the home

Question 9

Necessity: Elements

Answer 9

1. Must reasonably believe that crime was necessary to avoid an imminent harm greater than the harm that was created
2. Must be a causal connection between the crime and the harm being averted
3. No other legal alternatives

Question 10

Duress: Elements

Answer 10

1. Defendant reasonably believes the only way to avoid unlawful threats of great bodily harm or imminent death is to engage in unlawful conduct
2. Threat comes from a human force

Question 11

Insanity: M’Naghten Majority Rule Elements

Answer 11

1. Mental disease or defect
2. Such that D lacked the ability at the time of his actions to either:
   (1) Understand the nature and quality of his actions; OR
   (2) Know the wrongfulness of his actions

Defining Wrong:

1. Defendant so sick, didn’t know actions were illegal
2. Defendant so sick, didn’t know actions were immoral

Question 12

Insanity: MPC Elements

Answer 12

1. Mental Disease or defect
2. Such that D lacked the substantial capacity to:
   (1) appreciate the wrongfulness of his actions, OR
   (2) conform to the requirement of the law

Question 13

Insanity: Guilty, but mentally ill sentencing

Answer 13

1. Few jurisdictions
2. Elements
   (1) Find D guilty
   (2) Give criminal sentence
   (3) Confined in institution until able to serve remainder in good health