Justification Defenses Flashcards
Self-Defense
Self-Defense: Non-deadly force
May be used if:
1) D not at fault (i.e. not the initial aggressor); and
2) D reasonably believes it necessary to protect against imminent unlawful force
- Force must be PROPORTIONATE
- NO duty to retreat
Self-Defense
Self-Defense: Deadly force
May be used if:
1) D is not at fault (not initial aggressor);
2) attacker must use unlawful force; and
3) D reasonably believes they are confronted with unlawful force that threatens imminent death or great bodily harm
- NO duty to retreat
Self-Defense
Self-Defense: Self-Defense by an initial aggressor
Available if either:
1) Initial aggressor effectively withdraws before the need for self-defense arises and communicates the desire to do so, or
2) Victim of the initial aggression suddenly escalates a minor dispute into a deadly altercation
Self-Defense
Self-Defense: Defense of others
D can defend another if D reasonably believes the person he is protecting could have legally defended himself
- Same rules apply as for self-defense
Defense of Dwelling or Other Property
Defense of Dwelling: Non-deadly force
Allowed to prevent or terminate an unlawful entry or attach on one’s dwelling
Defense of Dwelling or Other Property
Defense of Dwelling: Deadly force
May be used if one reasonably believes:
- Force is necessary to prevent attack on oneself or others by a person who made or attempted violent entry, or
- Force is necessary to prevent entry by a person who intends to commit a felony in the dwelling
Defense of Dwelling or Other Property
Defense of Non-Dwelling Property
Deadly force NOT permitted
Non-deadly force may be used if reasonably necessary to defend against unlawful interference with possessions or trespass on property
- Force not permitted if request to desist is sufficient
Defense of Dwelling or Other Property
Recovery of property
Force is not allowed to regain property wrongfully taken, unless one is in immediate pursuit of the taker
- And then it must be REASONABLE force
