Justification Defenses Flashcards
justification defenses
- self-defense
- use of force to effectuate arrest & crime prevention
- defense of dwelling or other property
non-deadly force
may be used if D:
1. No fault: D is not at fault (not initial aggressor), AND
2. Reasonable belief of imminent 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 nature of provoking offense; generally, it must be proportionate
deadly force
may be used if D:
1. No fault: D is not at fault (not initial aggressor),
2. confronted w/ imminent unlawful force: attacker must use unlawful force, AND
3. reasonable belief of death or great bodily harm: D reasonably believes he is confronted w/ unlawful force that threatens imminent death or great bodily harm
Majority: NO duty to retreat
eg, death, kidnapping, & rape
self-defense as initial aggressor
available if either:
1. initial aggressor effectively withdraws before need of self-defense arises and communicates his desire to do so, OR
2. V of initial aggression suddenly escalates minor dispute into a deadly altercation
- aka V’s self-defense is NOT proportionate to OG aggression
defense of others
same rules apply for self-defense
- D can defend another if D reasonably believes the person he is protecting could have legally defended himself
- can protect anyone
BUT: try for safety first
use of force to effectuate arrest & crime prevention
use of non-deadly force (NDF) or deadly force (DF) may be permissible to effectuate arrests or prevent crimes
police use of force to effectuate arrest
NDF: permissible to reasonably effectuate arrest
DF: permissible to:
1. prevent the escape of a fleeing felon*, AND
2. fleeing felon poses a threat of death or serious bodily harm
- *dangerous felon ONLY (not car thief or burglar)
citizen use of force to effectuate arrest
NDF: permissible if:
1. crime was actually committed, AND
2. reasonable belief the person to be arrested committed it
DF: permissible to:
1. prevent the escape of a person who committed a felony, AND
2. the fleeing felon threatens human life
- BUT, liable for mistake
crime prevention
ie, using force to prevent a crime from occurring
NDF: permissible to prevent serious breach of peace
DF: common law and modern rules differ:
- CL: permissible to prevent commission of felony
- Modern: permissible to
1. terminate or prevent a dangerous felony, AND
2. felon threatens a serious risk to human life
defense of dwelling
NDF: allowed to prevent or terminate an unlawful entry or attack on one’s dwelling
DF: may be used if one reasonably believes:
1. force is necessary to prevent attack on oneself or others by a person who made or attempted violenty entry, OR
2. force is necessary to prevent entry by a person who intends to commit a violent felony in dwelling
defense of property (non-dwelling)
DF: NOT allowed
NDF: may be used if reasonably necessary to defend against unlawful interference w/ possessions or trespass on property
- must use reasonable force
- need for NDF must reasonably appear imminent (ie, force NOT permitted if request to desist is sufficient)
recovery of property
(any) force is NOT allowed to regain proeprty wrongfully taken UNLESS one is in immediate pursuit of taker
- immediate pursuit: reasonable force ONLY (NDF)
eg, D steals A’s purse, A can only use reasonable force to recover purse if she is immediately pursuing D
