defenses Flashcards
what are the five general types of defenses?
JOFEN (1) justification, (2) offense modification, (3) failure of proof, (4) excuse, (5) non-exculpatory public policy
explain the “failure of proof” general type of defense
all elements are not met - insufficient evidence
explain the “offense modification” general defense
abandonment of intent to commit crime
explain the “justification” general type of defense
self defense
explain the “excuse” general type of defense
insanity - all elements are proven, but perpetrator was insane
explain the “non exculpatory public policy” general type of defense
statute of limitations
the burden of proof for denenses is on whom?
the defendant
what kind of defense instructions is the defendant entitled to?
defendant is entitled to instructions on ANY defense, including inconsistent ones, with evidentiary support
five elements of self defense
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
requirements of actor in self-defense
actor defends with reasonable amount of force and was not the aggressor
required proportionality in self-defense
no deadly force allowed to resist a non-deadly threat
reasonable belief aspect of self-defense
defendant must reasonably believe (even if incorrectly) that this force was necessary and proportional
immediacy of threat of harm for self defense under common law and MPC?
threat of harm must be imminent
need to retreat under self defense in common law?
no need to retreat
need to retreat under self defense in MPC?
must retreat (except in own home)
reasonable belief aspect of self defense in common law?
objectively reasonable belief
reasonable belief aspect of self defense in MPC?
subjective belief
definition of deadly force related to self-defense
likely or intended to cause death or serious bodily harm
explain when shifting agressor status comes into play
when non-deadly aggressor is responded to with deadly aggression
common law (majority rule) duty to retreat under self defense
retreat NOT REQUIRED unless defendant shares some fault for the affray
MPC (minority rule) duty to retreat under self defense
must attempt retreat first, but only if safe to do so
definition and applicability of castle exception
don’t have to retreat in your own home - MPC duty to retreat under self defense
applicability of “defense of others” defense
requires that third party be in imminent danger of death or serious harm
requirements of “defense of others”
proportionality and reasonable belief
explain common law “alter ego” rule applicable to “defense of others”
if third party would have had the right of self defense, intervener can assert this defense
explain MPC “reasonable belief rule” applicable to “defense of others”
an intervener who acts in defense of another is not liable if his or her actions were reasoable under the circumstances
when is non-deadly force justified when defending one’s property?
if one reasonably believes it is necessary to prevent imminent, unlawful dispossession of property
when is deadly force NOT jusified under “defense of property” specifications?
to reclaim property or to avoid being dispossessed of property
when is deadly force justified under “defense of habitation” specs?
if defendant reasonably believes entry is imment, aggressor will commit felony or any bodily harm inside, and deadly force is necessary to stop it
springs and traps allowed to defend property under common law?
permitted, but only if the person was actually authorized to use deadly force
springs and traps allowed to defend property under MPC?
no
necessity (approximate) elements
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
applicability of necessity defense
limited to natural emergencies, protection of persons/property, actual harms
exceptions to necessity defense
not as a defense to homicide, your actions have to reasonably be able to stop an imminent harm
requirements of a duress defense
another person unlawfully threatens imminent deadly force, there’s no reasonable escape, and defendant is not at fault in exposing themselves to the threat
exceptions for duress defense
not applicable to murder - can only be used for a HUMAN unlawful threat (vs natural)
subjective test (majority rule) for entrapment defense
if govt implants in an innocent agent the disposition to commit the offense and induces its commission
definition of predisposition as related to entrapment defense
a person is predisposed if, when first approached, he is ready and willing to commit the crime
objective test (minority rule) for entrapment defense
police conduct falls below standard of the proper use of government power (very vague)
five factors in determining predisposition related to entrapment defense
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
