Justification Defenses

Question 1

Self-Defense - Non-deadly Force (3)

Answer 1

May be used if D:

1) No fault: D is not at fault (not initial aggressor); and

2) Reasonable belief of unlawful force: D reasonably believes it necessary to protect himself from imminent unlawful force

• No duty to retreat

Allowable Force: the amount of force permitted depends on the nature of the provoking offense; generally, it must be proportionate

Question 2

Self-Defense - Deadly Force (3)

Answer 2

May be used if D:

1) No Fault: D is not at fault (i.e., not the initial aggressor);

2) Confronted with Unlawful Force: Attacker must use unlawful force; and

3) Reasonable Belief of Death or Great Bodily Harm: D reasonably believes he is confronted with unlawful force that threatens imminent death or great bodily harm (NO duty to retreat under majority rule)

Question 3

Self-Defense by an Initial Aggressor (2)

Answer 3

Available if either;

1) Initial aggressor effectively withdraws before the need for self-defense arises and communicates his desire to do so, or

2) Victim of the initial aggression suddenly escalates a minor dispute into a deadly altercation

Question 4

Defense of Others

Answer 4

Same rules apply as for self-defense

• D can defend another if D reasonably believes the person he is protecting could have legally defended himself

Question 5

Police Use of Force to Effectuate Arrest - NDF

Answer 5

Permissible to reasonably effectuate arrest

Question 6

Police Use of Force to Effectuate Arrest - DF (2)

Answer 6

Permissible to:
1) Prevent the escape of a fleeing felon; and

2) Fleeing felon poses a threat of death or serious bodily harm

Question 7

Citizens Use of Force to Effectuate Arrest - NDF (2)

Answer 7

Permissible If:

1) Crime was actually committed; and

2) Reasonable belief the person to be arrested committed it

Question 8

Citizens Use of Force to Effectuate Arrest - DF (2)

Answer 8

Permissible to:

1) Prevent the escape of a person who committee a felony; and

2) The Fleeing felon threatens human life

Question 9

Crime Prevention - NDF

Answer 9

Using force to prevent a crime from occurring is permissible to prevent a serious breach of the peace

Question 10

Crime Prevention - DF

Answer 10

Using force to prevent crime from occuring is permissible under:

CL: to prevent commission of felony

Modern: Permissible to
1) Terminate or prevent a dangerous felony; and

2) Felony threatens a serious risk to human life

Question 11

Defense of Dwelling - NDF

Answer 11

Allowed to prevent or teminate an unlawful entry or attack on one’s dwelling

Question 12

Defense of Dwelling - DF (2)

Answer 12

May be used if one reasonably believes:

a) Force is necessary to prevent attack on oneself or others by a person who made or attempted violent entry, or

b) Force is necessary to prevent entry by a person who intends to commit a felony in the dwelling

Question 13

Defense of Property (non-dwelling)

Answer 13

Deadly force not allowed

• Non-deadly force may be used if reasonably necessary to defend against unlawful interference with possessions or trespass on property
• Need to use force must reasonably appear imminent (i.e. force not permitted if request to desist is sufficient)

Question 14

Recovery of Property

Answer 14

Force is not allowed to regain property wrongfully taken, unless one is in immediate pursuit of the take

• e.g., D steals A’s purse; A can only use reasonable force to recover purse if she is immediately pursuing D