Exculpation Flashcards
What is the difference between justification and excuse defenses?
Justification accepts responsibility but denies that the actions were bad; excuse admits the actions were bad but does not accept responsibility
Is self-defense a complete defense, in general?
Yes, self-defense is a complete defense that arises out of necessity = privilege to violate the law
What are the traditional elements of self-defense?
- There must have been a threat, unlawful and immediate, actual or apparent, of the use of deadly force against the defender, 2. The defender must have believed that he was in imminent peril of death or serious bodily harm, 3. The belief must have been honestly entertained and objectively reasonable
What is the traditional approach to the imminence requirement of self-defense?
The threat must be imminent (“immediate danger”)…fear of future death or bodily harm is not sufficient
How does the MPC treat the imminence requirement?
Slightly relaxed requiring that the force be “immediately necessary on the present occasion”
Is the traditional objective approach to self-defense completely objective?
No, the standard invites some individualization through “in the defendant’s situation”
What is imperfect self-defense?
A person who holds an honest but unreasonable belief in the need to use deadly force will not be convicted of murder but voluntary manslaughter
How does the MPC approach the standard for self-defense?
Completely subjective —> need only show that he honestly believed that the deadly force was necessary to protect himself against death, serious injury, or a crime
What is the MPC’s caveat to the subjective approach to self-defense?
If the belief was wrong and recklessly/negligently formed, he may be convicted of the grade of homicide requiring only a reckless or negligent intent = unreasonable belief may be a defense in a homicide requiring purpose or knowledge but not recklessness or negligence
What are the 2 exceptions to the right to use self-defense?
The duty to reatreat and the initial aggressor
What are the 2 components to the duty to retreat?
A defendant only has a duty to first retreat if he resorts to deadly force and he actually knows that he can retreat with complete safety
What is the castle exception?
A person does not have the duty to retreat if attacked in his home by an intruder or a guest, but courts are divided on the duty to retreat for co-occupants
Does the MPC embrace the retreat rule?
Yes
What is the initial aggressor exception?
The right to self-defense is not available to one who is the initial aggressor
Can the initial aggressor regain his right to use self-defense?
By communicating to his adversary that his intent to withdraw and does so in good faith