Justification Flashcards
14:18
Justification General Provisions- the fact that an offender’s conduct is justifiable, although otherwise criminal, shall constitute a defense
14:18 (1)
When the offender’s conduct is an apparently authorized and reasonable fulfillment of any duties of public office; or
14:18 (2)
When the offender’s conduct is a reasonable accomplishment of an arrest which is lawful under the code of criminal procedure; or
14:18 (3)
When for any reason the offender’s conduct is authorized by law; or
14:18 (4)
When the offender’s conduct is reasonable discipline of minors by their parents, tutors, or teacher; or
14:18 (5)
When the crime consists of a failure to perform an affirmative duty and the failure to perform is caused by physical impossibility ; or
14:18 (6)
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
14:18 (7)
When the offender’s conduct is in defense of person’s or of property under the circumstances described in Articles 19-22
14:19 (A)
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)
14:19 (B)
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:
14:19 (B-1)
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
14:19 (B-2)
the person who used force or violence knew or had reason to believe that an unlawful and forcible entry was occurring or had occured
14:19 (C)
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
14:19 (D)
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.
14:20
Justifiable Homicide
14:20 (A-1)
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.
14:20 (A-2)
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.
14:20 (A-3)
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
14:20 (A-4a)
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
14:20 (A-4b)
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
14:20 (B)
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:
14:20(B-1)
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
14:20 (B-2)
the person who used deadly force knew or had reason to believe that an unlawful and forcible entry was occurring or had occured
14:20 (C)
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
