Justification Defenses

Question 1

Self Defense: Non-deadly force

Answer 1

Non-deadly force may be used if D:
1) No fault: D is not at fault (i.e., not the initial aggressor); and
2) Reasonable belief of unlawful force: D reasonably believes it is 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

Answer 2

Deadly force may be used if D:
1) No fault: D is not at fault (i.e, not the initially 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

Answer 3

Available if either:
a) Initial aggressor effectively withdraws before the need for self defense arrises and communicates his desire to do so, or
b) 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