Defenses

Question 1

Is there a duty to retreat in Pennsylvania?

Answer 1

Yes, before using deadly force, if the defendant knows he could safely avoid using deadly force by retreating.

Question 2

When is the duty to retreat excused?

Answer 2

When the defendant

• is in his own home;
• is at work and the attacker is not a co-worker (and the defendant is not the initial aggressor)

AND

when the defendant

1. is not engaged in criminal activity;
2. is not in illegal possession of a firearm;
3. has a right to be in the place where he is attacked;
4. believes that force (including deadly force) is immediately necessary to protect himself from death or serious injury; AND
5. the person against whom force is used displays or uses a firearm, replica firearm, or deadly weapon.

Question 3

When can police use deadly force?

Answer 3

When making a lawful arrest IF

1. necessary to prevent the suspect from escaping AND
2. the suspect has committed or attempted to commit a forcible felony, attempts to escape and possesses a deadly weapon, OR threatens someone with death or serious bodily injury.

Question 4

When can you resist arrest?

Answer 4

Never, if you know the arrest is being made by the police officer.

Question 5

When is duress unavailable?

Answer 5

1. If the defendant recklessly or negligently placed himself in the situation.
2. If the actor had the opportunity to avoid or escape from a jeopardizing situation and failed to do so.

Question 6

What are the required elements for an entrapment defense?

Answer 6

The defendant

1. had no predisposition to commit a crime
2. that the police officer tricked, persuaded, or defrauded the defendant into committing.

Pennsylvania follows the objective approach: if the government agent employed methods of persuasion or inducement that created a substantial risk that the crime would be committed by persons other than those who were ready to commit it, then the defendant will be acquitted.