Justification and self defense

Question 1

Justifications

Answer 1

• Prosecutor proved every element but D claimed she didn’t do anything wrong
• self defense, defense of others, necessity
• can exculpate otherwise criminal conduct
• affirmative defense and finding of not guilty

Question 2

Excuse

Answer 2

• Prosecutor proved every element and defendant did something wrong, but under circumstances he should not be punished because he was not responsible for his conduct
• insanity, intoxication, duress

Question 3

Burden of proof in self defense

Answer 3

• D presents facts sufficient to make a self defense claim

- Burden shifts to prosecution to disprove self defense beyond a reasonable doubt

Question 4

Common Law Self Defense

Answer 4

1) Defendant’s reasonable belief
2) Conduct of another poses threat of death or great bodily harm (proportionality)
3) that such harm is imminent
4) the use of deadly force is necessary to protect the defendant

Question 5

Reasonable belief - subjective approach

Answer 5

• Limits analysis to whether defendant’s belief was reasonable TO HIM

Question 6

Reasonable belief - objective approach

Answer 6

1) Does D sincerely and honestly believe that he faced a threat and that force was necessary to repel it?
2) Was that belief objectively reasonable under the circumstances?

• Would a reasonable person in the same situation have held the same belief?
• More popular and common law view

Question 7

Proportionality

Answer 7

• Response must be proportionate to intrusion that he faced (the threatened injury was serious enough to warrant deadly force)

Question 8

Imminence

Answer 8

• Demands that the defensive force cannot be too far in advance

Question 9

MPC Immediately necessary

Answer 9

• MPC rejects imminence requirement

- defensive force must be immediately necessary at the time of its deployment

Question 10

Difference between imminence and immediately necessary

Answer 10

• Imminence: relationship between actor’s defensive force and when the threatened harm will materialize
• Immediately necessary: relationship between actor’s defensive force and his last opportunity to avert the threat

Question 11

Necessity

Answer 11

• Defendant either could not escape or was under no duty to escape

Question 12

Duty to retreat

Answer 12

• If target can safely retreat from the attack and avoid the necessity of using violent force, the target is legally required to do so

Question 13

Common Law duty to retreat and castle doctrine

Answer 13

• No duty to retreat from aggressor in one’s own home, since it’s considered one’s castle

Question 14

Today - Duty to retreat

Answer 14

Majority: D has right to stand ground to aggressor even when it is safe to retreat, in his home and elsewhere

Minority: D has to retreat when confronted with aggressor when safe to do so except when at his home

Question 15

Deadly aggressor

Answer 15

• Generally has no right of self defense
• Unless withdraws (attempts to retreat) and
• Informs opponent of withdrawal
• Then regains right to use force

Question 16

Common Law and Majority: non deadly aggressor

Answer 16

• If non-deadly aggressor is confronted with deadly force (escalation) (and initial non deadly aggressor has no chance to retreat), there is no duty to retreat and initial aggressor can defend herself with deadly force

Question 17

MPC and Minority: Non-deadly aggressor

Answer 17

• If non-deadly aggressor, must first retreat (if completely safe) and if still threatened, can use non deadly force

Question 18

MPC self defense

Answer 18

• Use of force against another person is justifiable if immediately necessary to protect himself against unlawful force
• Deadly force not justifiable unless actor believes such force is necessary to protect himself against death, serious bodily harm, kidnapping or sexual intercourse compelled by force of threat and is not justifiable if:
  1) actor provoked use of force with purpose of causing death or serious bodily harm
  2) actor knows he can avoid the necessity of using such force with complete safety by retreating EXCEPT he does not have to retreat from home or work unless he was initial aggressor
  3) necessity is considered under circumstances as he believes them to be when force is used

Question 19

Stand your ground laws

Answer 19

• usually repeal the duty to retreat as long as the actor who deploys defensive force was lawfully in that location
• legal presumption that the homeowner had a reasonable fear of death or serious bodily injury from the intruder
• legal presumption that killing was necessary

Question 20

Differences between common law and MPC self defense

Answer 20

• Imminent threat (common law) vs. immediately necessary (MPC)
• Objectively reasonable (common law) vs. necessary from viewpoint of actor (MPC)
• if non-deadly aggressor is confronted with deadly force [escalation], no duty to retreat and can defend herself (common law and majority) vs. if non-deadly aggressor, must first retreat [if completely safe] and if still threatened, can use non deadly force (MPC and minority)