Justification Defenses Flashcards
What are the justification defenses?
self-defense
defense of others
force when in midst of arrest or crime prevention
defense of dwelling (NDF)
When can self-defense be used?
in response to imminent threats or unlawful force
When can NDF be used by D?
- D is not at fault (not initial aggressor); and
2. reasonably believes it is necessary to protect himself from imminent unlawful force
Does D have a duty to retreat?
No and the amount of force permitted depends on nature of provoking offense (proporitionate)
When can DF be used by D?
- D is not at fault (not initial aggressor); and
- reasonably believes he is confronted w/ unlawful force that threatens imminent death or great bodily harm
(no duty to retreat under maj. rule)
When can the initial aggressor engage in self-defense?
if:
1. initial agg. effectively withdraws before the need for self-defense arises and communicates this desire to withdraw; or
2. V of the initial aggressor suddenly escalates a minor dispute into a deadly altercation
When is the defense to others available?
same rules for self-defense generally apply
D can defend another if D reas. believes the person he is protecting could have legally defended himself
When can police use NDF to effectuate arrest?
to reasonably effectuate the arrest
When can police use DF to effectuate arrest?
to prevent the escape of fleeing felon who poses a threat of death or serious bodily harm
When can a citizen use NDF to effectuate arrest?
if crime was actually committed and reason. belief that person arrested is the perp.
When can a citizen use DF to effectuate arrest?
to prevent escape of a person who actually committed a felony and threatens human life
When is NDF permissible to prevent a crime?
to prevent serious breach of peace
When is DF permissible to prevent a crime?
to terminate or prevent a dangerous felony involving a serious risk of human life
When is NDF allowed to defend a dwelling?
to prevent an unlawful entry/attack on one’s dwelling
When is DF allowed in dense of attack on dwelling?
- force is nec. to prevent attack on oneself or others by a person who made or attempted violent entry; or
- force is nec. to prevent entry by a person who intends to commit a felony in the dwelling
