Defenses for Criminal Law

Question 1

Self-Defense

Answer 1

Self-defense is the use of reasonable force to protect oneself at a REASONABLE TIME.
Deadly force may only be used to protect against the use of deadly force.

Question 2

Retreat as Defense

Answer 2

There is NEVER an OBLIGATION to retreat before using NON-DEADLY force.
Majority view: retreat isn’t required even when deadly force is used in self-defense.

Question 3

Initial Aggressor

Answer 3

An initial aggressor can gain right to act in self-defense when the initial aggressor:
uses nondeadly force and is met with deadly force; or
completely withdraws from altercation in good faith and communicates that withdrawal to other person.

Question 4

Imperfect Self-Defense

Answer 4

Unreasonable use of force can be used as imperfect self-defense.
Too much force for the circumstances may mitigate a murder charge down to voluntary manslaughter.

Question 5

Defense of Others

Answer 5

A person has the right to defend others under the same circumstances that would entitle them to defend themselves.

Question 6

Duress

as Defense

Answer 6

A 3P’s unlawful treat causes a D to reasonably believe that the only way to avoid death or serious bodily injury to himself or another is to violate the law, and that causes the D to do so.

Under the Majority Rule, duress is NOT a defense to INTENTIONAL HOMICIDE, but is available for criminally negligent homicide.