Defenses Midterm

Question 1

Defense of Others (Majority) [Elements]

Answer 1

(1) Did the D honestly and reasonably believe that 3rd party is in imminent danger of death or SBH?
(2) Did the D honestly and reasonably believe that the force used was necessary and proportional?

Question 2

Estranged Husband Hypo

Answer 2

estrangement incites violence; being estranged could support D’s honest/reasonable belief of imminent and deadly attack (self defense- element 1)

Question 3

Shuck Case (Self-Defense)

Answer 3

fact that D brought bat reflects a “naked intent to kill” thus no honest belief that force used was necessary thus imperfect self defense; defendant’s use of the bat was not proportional to a fist fight thus unreasonable

Question 4

Retreat Rule

Answer 4

Those who are at fault must retreat if it is safe to do so before using deadly force (under reasonable belief for necessary/proportional- Self Defense)

Question 5

Faulkner Case (Self Defense)

Answer 5

defendant’s use of the gun was unreasonable and excessive considering that victim did not even use the knife

Question 6

Self Defense (Elements)

Answer 6

(1) Did D have an honest belief of imminent attack or SBH
(3) Did D have a reasonable belief of imminent attack or SBH?
(2) Did D have an honest belief of deadly attack or SBH?
(4) Did D have a reasonable belief of deadly attack or SBH?
(5) Did D have an honest belief that force used was necessary and proportional?
(6) Did D have a reasonable belief that force used was necessary and proportional?

Question 7

Imperfect Self Defense (Elements)

Answer 7

(1) Did D have an honest but unreasonable belief of an imminent deadly attack OR
(2) Did D have an honest but unreasonable belief that the force used was necessary and proportional?

Question 8

Kurr Case (Defense of Others)

Answer 8

court extends protection of a fetus, as a 3rd party; history of abuse from victim; D had to seek asylum at domestic shelter in past

D had honest belief

Question 9

Bryant Case (Defense of Others)

Answer 9

victims were fleeing the scene, and D chased them while shooting thus no honest/reasonable belief of imminent/deadly attack; Defendant could have gone back inside home

Question 10

Brandishing a Weapon Rule

Answer 10

a threat to cause death or SBH, by the production of a weapon is justified as long as the actor’s purpose is only to create an apprehension that the weapon will be used if necessary

Question 11

Cook Case (Defense of Others)

Answer 11

neighbors didn’t intervene; no second shot fired and only shot V in arm; brandishing a weapon b/c lot of time between actual shooting of v and actually bringing gun out; Ds walked away but V reinitiated confrontation thus V became at fault; enormous size difference

Question 12

Defense of Others (CA View)

Answer 12

there must be a special relationship: husband/wife, parent/child, employer/employee, or captain/passenger

Question 13

Defense of Habitation (Elements)

Answer 13

(1) Did D honestly and reasonably believe that the victim has unlawfully entered or was about to enter and had the intent to commit assault or violent felony?
(2) Did D honestly and reasonably believe that the force used was necessary and proportional to prevent or terminate entry?

Question 14

Stombaugh Case (Defense of Habitation)

Answer 14

Victim actually threatened to cause SBH before breaking in

Question 15

Garage Hypo (Defense of Habitation)

Answer 15

presumption is nullified b/c prior history between victim and D, thus no honest belief

Question 16

Eatman Case (Defense of Habitation)

Answer 16

Victim showed up with body guard; use of flashlight; D had good reputation thus probative of reasonable doubt as to his guilt

Question 17

Ceballos Case (Defense of Habitation)

Answer 17

D admitted he was only trying to protect items

Question 18

Elderly Lady Hypo

Answer 18

even though mechanical device was set up, lady had ability to make conscious decision whether to shoot thus mechanical weapon not forbidden

Question 19

Ceballos Policy (Defense of Habitation)

Answer 19

(1) allowing people to employ deadly mechanical devices imperils children and those acting within scope of employment, thus deadly automatic weapons forbidden
(2) where actor is present, there is possibility he will realize deadly force is not necessary, thus mechanical devices forbidden

Question 20

Crime Prevention (elements)

Answer 20

(1) Did D honestly and reasonably believe that V was about to commit murder, a violent felony, or to do great bodily harm upon another person?
(2) Did D honestly and reasonably believe that the force used was necessary and proportional to prevent the dangerous crime from happening?

Question 21

Crime Apprehension (elements)

Answer 21

(1) Did D honestly and reasonably believe that V poses a threat of death or serious bodily harm to D or the community?
(2) Did D honestly and reasonably believe that no other form of apprehension is available and that deadly force is necessary to apprehend the felon?

Question 22

Garner Case (Crime Apprehension)

Answer 22

common law D had right to use deadly force; dissent noted reasonableness cannot be evaluated after the fact, a consideration to urgency is important;