Exculpation and Other Defenses

Question 1

What does the criminal law allow non-deadly force for self defense?

Answer 1

When the victim reasonably believes that force is about to be used on him.

Question 2

When does the criminal law allow deadly force for self defense?

Answer 2

When the victim reasonably believes that deadly force is about to be used on him.

Question 3

If it is safe to do so, must a victim retreat before using deadly force?

Answer 3

Only in minority “retreat” jurisdictions

Question 4

In the minority of jurisdictions that follow the criminal law “retreat” rule, what are the exceptions to the retreat requirement?

Answer 4

(1) when in your home
(2) when victim of a rape or robbery
(3) police officers

Question 5

In criminal law, how may the original aggressor get back the defense of self-defense?

Answer 5

By both:

(1) withdrawal, and
(2) communicating that withdrawal

Question 6

In criminal law, when may the initial aggressor in a minor fight use deadly force in his own defense?

Answer 6

when the victim of the initial aggression suddenly escalates the fight into one involving deadly force

Question 7

When does the criminal law allow defense of others?

Answer 7

When the defendant reasonably believes the person assisted had the right to use force in his own defense.

Question 8

Under the criminal law’s majority rule, does there need to be a special relationship between the defendant and the person in whose defense he acted?

Answer 8

no

Question 9

What may deadly force never be used to defend?

Answer 9

Property alone

Question 10

What are the elements of the criminal defense of duress?

Answer 10

EITHER BOTH:
(1) acting under the threat of imminent infliction of death or great bodily harm, and
(2) the belief is reasonable
OR:
• Threats to harm a 3rd person

Question 11

To which crimes is duress a defense?

Answer 11

all except homicide

Question 12

To what otherwise criminal conduct is necessity a defense?

Answer 12

• conduct reasonably believed necessary to avoid a greater societal harm
• as a result of pressure from natural forces

Question 13

What is the difference between duress and necessity?

Answer 13

Duress involves a human threat, while necessity involves pressure from natural forces

Question 14

When is mistake of fact a defense?

Answer 14

when it negates intention

Question 15

Which kinds of crimes allow the mistake of fact defense only if the mistake is reasonable?

Answer 15

malice and general intent crimes

Question 16

A ridiculous mistake is a defense to which kind of crime?

Answer 16

specific intent crime

Question 17

To which kind of crime is mistake of fact never a defense?

Answer 17

strict liability crime

Question 18

When is consent of the victim a valid criminal defense?

Answer 18

almost never

Question 19

When is entrapment a valid criminal defense?

Answer 19

When both:

(1) the criminal design originated with law enforcement officers, and
(2) defendant was not predisposed to commit the crime