Defenses- Justification

Question 1

Defenses

Answer 1

Legal doctrines which justify or excuse a proscribed act sufficient to shield a defendant from criminal liability and punishment.

Question 2

Justification(General)

Answer 2

Defendant must raise the defense by introducing “more than a scintilla” of evidence tending to show that he was justified.
Majority: prosecution must then show defendant as NOT justified beyond a reasonable doubt.
Minority: defendant must show that he was justified by a preponderance of evidence

Question 3

Deadly v. Non-deadly force

Answer 3

Force that can cause death or serious bodily harm(guns, knives)
VS
everything else, except words(punching, shoving)

Question 4

Deadly force may be used if the defendant…

Answer 4

is without fault, is faced with unlawful force, reasonably believes that imminent death or serious bodily harm will result.

Question 5

Initial Aggressor Rule

Answer 5

Defendant may not use deadly force if he is the initial aggressor.
-Must be MORE than words.
-> Initial aggressor can regain his right to use deadly force IF he withdraws from the fight and communicates that withdrawal to the other person OR the victim suddenly escalates a non-deadly fight into a deadly one.

Question 6

Reasonable Belief - Subjective

Answer 6

Actor must actually believe deadly force is necessary

Question 7

Reasonable Believe- Objective

Answer 7

a reasonable person would believe that deadly force is necessary.

Question 8

Duty to Retreat

Answer 8

Majority: there is no duty to retreat.
Minority: there is duty to retreat (only when able to do so with complete safety, and not required when inside actor’s dwelling: castle doctrine)

Question 9

Defense of Others

Answer 9

Defendant may use force in defense of another so long as he reasonably believes that such person would be justified in using such force(without fault, faced with unlawful force, reasonably believes that imminent death or serious bodily harm will result.)

Question 10

Defense of Others- Majority

Answer 10

only a reasonable belief is required
- No requirement of a special relationship with the victim

Question 11

Defense of Others- Minority

Answer 11

Third party would have actually needed to be justified.
-Family member or employer/employee relationship required.

Question 12

Defense of Habitation

Answer 12

Deadly force may be used by a defendant in defense of habitation when he reasonably believes such force is necessary to:
- terminate the commission of a burglary
- protect himself against an intruder engaged in an attack against defendant or another occupant.

Question 13

Defense of Non-habitational property

Answer 13

only non-deadly force may be used to defend property in one’s possession from unlawful interference.
-applies to personal and real property.