defenses

Question 1

what are the five general types of defenses?

Answer 1

JOFEN (1) justification, (2) offense modification, (3) failure of proof, (4) excuse, (5) non-exculpatory public policy

Question 2

explain the “failure of proof” general type of defense

Answer 2

all elements are not met - insufficient evidence

Question 3

explain the “offense modification” general defense

Answer 3

abandonment of intent to commit crime

Question 4

explain the “justification” general type of defense

Answer 4

self defense

Question 5

explain the “excuse” general type of defense

Answer 5

insanity - all elements are proven, but perpetrator was insane

Question 6

explain the “non exculpatory public policy” general type of defense

Answer 6

statute of limitations

Question 7

the burden of proof for denenses is on whom?

Answer 7

the defendant

Question 8

what kind of defense instructions is the defendant entitled to?

Answer 8

defendant is entitled to instructions on ANY defense, including inconsistent ones, with evidentiary support

Question 9

five elements of self defense

Answer 9

threatened with use or threat of imminent use of unlawful force that does or couseld cause physical injury and which a reasonable person would believe could not be avoided without use of physical force

Question 10

requirements of actor in self-defense

Answer 10

actor defends with reasonable amount of force and was not the aggressor

Question 11

required proportionality in self-defense

Answer 11

no deadly force allowed to resist a non-deadly threat

Question 12

reasonable belief aspect of self-defense

Answer 12

defendant must reasonably believe (even if incorrectly) that this force was necessary and proportional

Question 13

immediacy of threat of harm for self defense under common law and MPC?

Answer 13

threat of harm must be imminent

Question 14

need to retreat under self defense in common law?

Answer 14

no need to retreat

Question 15

need to retreat under self defense in MPC?

Answer 15

must retreat (except in own home)

Question 16

reasonable belief aspect of self defense in common law?

Answer 16

objectively reasonable belief

Question 17

reasonable belief aspect of self defense in MPC?

Answer 17

subjective belief

Question 18

definition of deadly force related to self-defense

Answer 18

likely or intended to cause death or serious bodily harm

Question 19

explain when shifting agressor status comes into play

Answer 19

when non-deadly aggressor is responded to with deadly aggression

Question 20

common law (majority rule) duty to retreat under self defense

Answer 20

retreat NOT REQUIRED unless defendant shares some fault for the affray

Question 21

MPC (minority rule) duty to retreat under self defense

Answer 21

must attempt retreat first, but only if safe to do so

Question 22

definition and applicability of castle exception

Answer 22

don’t have to retreat in your own home - MPC duty to retreat under self defense

Question 23

applicability of “defense of others” defense

Answer 23

requires that third party be in imminent danger of death or serious harm

Question 24

requirements of “defense of others”

Answer 24

proportionality and reasonable belief

Question 25

explain common law “alter ego” rule applicable to “defense of others”

Answer 25

if third party would have had the right of self defense, intervener can assert this defense

Question 26

explain MPC “reasonable belief rule” applicable to “defense of others”

Answer 26

an intervener who acts in defense of another is not liable if his or her actions were reasoable under the circumstances

Question 27

when is non-deadly force justified when defending one’s property?

Answer 27

if one reasonably believes it is necessary to prevent imminent, unlawful dispossession of property

Question 28

when is deadly force NOT jusified under “defense of property” specifications?

Answer 28

to reclaim property or to avoid being dispossessed of property

Question 29

when is deadly force justified under “defense of habitation” specs?

Answer 29

if defendant reasonably believes entry is imment, aggressor will commit felony or any bodily harm inside, and deadly force is necessary to stop it

Question 30

springs and traps allowed to defend property under common law?

Answer 30

permitted, but only if the person was actually authorized to use deadly force

Question 31

springs and traps allowed to defend property under MPC?

Answer 31

no

Question 32

necessity (approximate) elements

Answer 32

defendant chose lesser of the evils - no time to seek legal assistance, had to act to prevent imminent harm, reasonably anticipated a direct causal relationship between his acts and the harm to be averted

Question 33

applicability of necessity defense

Answer 33

limited to natural emergencies, protection of persons/property, actual harms

Question 34

exceptions to necessity defense

Answer 34

not as a defense to homicide, your actions have to reasonably be able to stop an imminent harm

Question 35

requirements of a duress defense

Answer 35

another person unlawfully threatens imminent deadly force, there’s no reasonable escape, and defendant is not at fault in exposing themselves to the threat

Question 36

exceptions for duress defense

Answer 36

not applicable to murder - can only be used for a HUMAN unlawful threat (vs natural)

Question 37

subjective test (majority rule) for entrapment defense

Answer 37

if govt implants in an innocent agent the disposition to commit the offense and induces its commission

Question 38

definition of predisposition as related to entrapment defense

Answer 38

a person is predisposed if, when first approached, he is ready and willing to commit the crime

Question 39

objective test (minority rule) for entrapment defense

Answer 39

police conduct falls below standard of the proper use of government power (very vague)

Question 40

five factors in determining predisposition related to entrapment defense

Answer 40

character of defendant, who first suggested criminal activity, whether D engaged in activity for profit, whether D demonstrated reluctance, and nature of govt’s inducement