Exculpatory Defenses Flashcards
Is there a duty to retreat?
No
What is entrapment a defense to?
Most crimes
What is duress a defense to?
All crimes except intentional homicide
What is defense of dwelling a defense to?
Crimes of force (battery, homicide) or crimes against habitation
When can aggressor use self defense?
After total abandonment of original attack
When can non-deadly force be used in defense of dwelling?
To prevent entry
When can deadly force be used in defense of dwelling?
When fearing great bodily injury
When can non-deadly defense of other property (property offenses) be used? Deadly force?
Reasonably necessary to retain property
Never deadly force
What qualifies as entrapment?
Design of crime originated with police
D was not predisposed to commit crime before contact with police
What qualifies as duress?
D must show:
reasonable belief action necessary to avoid imminent threatened harm
lack of other means to avoid imminent harm
Direct causal relationship reasonably anticipated between action and avoidance of harm
When can non deadly force be used in self defense or defense of others?
when reasonably necessary
When can deadly force be used in self defense or defense of others?
Reasonable fear of imminent death or great bodily injury as result of overt act of aggressor
