Justification

Question 1

14:18

Answer 1

Justification General Provisions- the fact that an offender’s conduct is justifiable, although otherwise criminal, shall constitute a defense

Question 2

14:18 (1)

Answer 2

When the offender’s conduct is an apparently authorized and reasonable fulfillment of any duties of public office; or

Question 3

14:18 (2)

Answer 3

When the offender’s conduct is a reasonable accomplishment of an arrest which is lawful under the code of criminal procedure; or

Question 4

14:18 (3)

Answer 4

When for any reason the offender’s conduct is authorized by law; or

Question 5

14:18 (4)

Answer 5

When the offender’s conduct is reasonable discipline of minors by their parents, tutors, or teacher; or

Question 6

14:18 (5)

Answer 6

When the crime consists of a failure to perform an affirmative duty and the failure to perform is caused by physical impossibility ; or

Question 7

14:18 (6)

Answer 7

When any crime, except murder, is commited through the compulsion of threats by another of death or great bodily harm and the offender reasonably believes the person making the threats is present and would immediately carry out the threats if the crime were not committed; or

Question 8

14:18 (7)

Answer 8

When the offender’s conduct is in defense of person’s or of property under the circumstances described in Articles 19-22

Question 9

14:19 (A)

Answer 9

Use of force or violence in defense-The use of force or violence upon the person of another is justifiable when committed for the purpose of preventing a forcible offense against the person or a forcible offense or trespass against property in another person’s lawful possession, provided that that force or violence used must be reasonable and apparently necessary to prevent such offense (NOT HOMICIDE)

Question 10

14:19 (B)

Answer 10

for the purposes of this section, there shall be a presumption that a person lawfully inside a dwelling, place of business, or motor vehicle held a reasonable belief that that use of force or violence was necessary to prevent unlawful entry thereto, or to compel an unlawful intruder to leave the premises or vehicle, if BOTH of the following occur:

Question 11

14:19 (B-1)

Answer 11

The person against whom the force or violence was used was in the process of unlawfully and forcibly entering or had unlawfully and forcibly entered the dwelling, place of business, or motor vehicle

Question 12

14:19 (B-2)

Answer 12

the person who used force or violence knew or had reason to believe that an unlawful and forcible entry was occurring or had occured

Question 13

14:19 (C)

Answer 13

A person who is not engaged in an lawful activity and who is in a place where he has a right to be shall have no duty to retreat

Question 14

14:19 (D)

Answer 14

No finder of fact shall be permitted to consider the possibility of retreat as a factor in determining whether or not the person who used force or violence in defense of his person or property had a reasonable belief that force was reasonable and apparently necessary to prevent a forcible offense or to prevent the unlawful entry.

Question 15

14:20

Answer 15

Justifiable Homicide

Question 16

14:20 (A-1)

Answer 16

Homicide is justifiable when committed in self defense by one who reasonably believes that he is in imminent danger of losing his life or receiving great bodily harm and that the killing is necessary to save himself from that danger.

Question 17

14:20 (A-2)

Answer 17

When committed for the purpose of preventing a violence or forcible felony involving danger to life or of great bodily harm by one who reasonably believes that such an offense is about to be committed and that such action is necessary for its prevention.

The circumstances must be sufficient to excite the fear of a reasonable person that there would be serious danger to his own life or person if he attempted to prevent the felony without the killing.

Question 18

14:20 (A-3)

Answer 18

When committed against a person whom one reasonably believes to be likely to use any unlawful force against a person present in a dwelling or a place of business, or when committed against a person whom one reasonably believes is attempting to use any unlawful force against a person present in a motor vehicle while committing or attempting to commit a burglary or robbery of such dwelling, business, or motor vehicle

Question 19

14:20 (A-4a)

Answer 19

When committed by a person lawfully inside a dwelling , place of business, or a motor vehicle against a person who is attempting to make an unlawful entry into the dwelling, place of business, or motor vehicle and the person committing the homicide reasonably believes that the use of deadly force is necessary to prevent the entry or to compel the intruder to leave then premises or motor vehicle

Question 20

14:20 (A-4b)

Answer 20

The provisions of this paragraph shall not apply when the person committing the homicide is engaged at the time of the homicide, in the acquisition, distribution, or possession with the intent to distribute a controlled dangerous substance

Question 21

14:20 (B)

Answer 21

For the purposes of this section, there shall be presumption that a person lawfully inside a dwelling, place of business, or motor vehicle held a reasonable belief that the use of deadly force was necessary to prevent unlawful entry thereto, or to compel an unlawful intruder to leave the premises or motor vehicle, if BOTH of the following occur:

Question 22

14:20(B-1)

Answer 22

the person against whom deadly force was used was in the process of unlawfully and forcibly entering for had unlawfully and forcibly entered the dwelling, place of business or motor vehicle

Question 23

14:20 (B-2)

Answer 23

the person who used deadly force knew or had reason to believe that an unlawful and forcible entry was occurring or had occured

Question 24

14:20 (C)

Answer 24

A person who is not engaged in unlawful activity and who is in a place where he or she has a right to be shall have no duty to retreat before using deadly force

Question 25

14:20 (D)

Answer 25

No finder of fact shall be permitted to consider the possibility of retreat as a factor in determining whether or not the person who used deadly force had a reasonable belief that deadly force was necessary to prevent a violent or forcible felony involving life or great bodily harm or to prevent unlawful entry.

Question 26

14:21

Answer 26

Agressor Doctrine-an aggressor cannot claim self defense-a person who is an aggressor or who brings on a difficulty cannot claim the right of self-defense unless he withdraws from the conflict in good faith and in such a manner that his adversary knows or should know that he desires to withdraw and discontinue the conflict

Question 27

14:22

Answer 27

Defense of others-it is jusitifiable to use force or violence or to kill in the defense of another person when it is reasonable apparent that the person attacked could have justifiably used such means himself, AND when it is reasonably believed that such intervention is necessary to protect the other person.