Justification defenses

Question 1

Self defense: When can non-deadly force be used?

Answer 1

anytime the vic reasonably believes that force is about to be used on him

Question 2

Self defense: When can deadly force be used? (majority rule)

Answer 2

anytime the vic reasonably believes that deadly force is about to be used on him

reasonably believes threatened w/ imminent death or great bodily harm

no duty to retreat

Question 3

Self defense: When can deadly force be used? (minority rule + exceptions)

Answer 3

Vic required to retreat if safe to do so

Exceptions:

(1) no duty to retreat from home
(2) no duty to retreat if you are the vic of a rape or robbery
(3) police officers have no duty to retreat

Question 4

What must an original aggressor do to get the defense of self-defense back?

Answer 4

(1) withdraw and
(2) communicate withdraw

or if the vic suddenly escalates a minor fight into one involving deadly force and does so w/o giving aggressor the opp to withdraw, original aggressor may use force in his own defense (including deadly force, if reasonable)

Question 5

When can D raise defense of defense of others?

Answer 5

if reasonably believes that the person assisted would have had the right to use force in his own defense

Question 6

Defense of dwelling: amount of force allowed

Answer 6

Can use non-deadly force, but NEVER deadly force to defend property

But if YOU’RE home, can use deadly force to defend self if reasonable

Question 7

Defense of property (not a dwelling): to defend

Answer 7

request to desist THEN nondeadly force

Question 8

Defense of property (not a dwelling): to regain

Answer 8

ONLY if immediate pursuit

can use nondeadly force

Question 9

Duress is a defense IF…

Answer 9

(1) person acts under threat of imminent infliction of death or great bodily harm
(2) to himself or third person (e.g. family)
(3) and that belief is reasonable

Question 10

Duress is NOT a defense to

Answer 10

homicide

Question 11

Necessity rule

Answer 11

• Conduct that would otherwise be criminal is justifiable if
• as a result of pressure from natural forces (e.g. flood, hurricane, lightening)
• the D reasonably believes that his conduct was necessary to avoid a greater societal harm

Question 12

Mistake of fact is a defense only when mistake…

Answer 12

negates intention

Question 13

To be a defense to malice or general intent crime, mistake has to be…

Answer 13

reasonable

Question 14

To be a defense to specific intent crime, mistake of fact can be….

Answer 14

UNreasonable

Question 15

Mistake of fact is NEVER a defense to…

Answer 15

strict liability crimes

Question 16

Entrapment is valid defense only if…

Answer 16

(1) criminal design originated with law enforcement officers
(2) D must NOT have been predisposed to commit crime

can’t be entrapped by private citizen or if gov’t agent merely provided ingredient

Question 17

When can police officer use reasonably force, including deadly force?

Answer 17

to apprehend or prevent the escape of a felon who poses a threat of serious bodily harm to the officer or others