Justification Defenses

Question 1

Difference between Justification and Excuses?

Answer 1

Justification= external issues (someone forced to do something because of another actor)

Excuses= internal issues (focuses on the defendant rather than others)

Question 2

Self Defense

Answer 2

Common Law – can use deadly force against an aggressor who threatened deadly force as long as the defensive use of such force was necessary because of the imminent threat of death or great bodily injury from aggressor

Test: Non-aggressor may use force to protect against attack by another person when reasonable belief threat of imminent use of force, and response is necessary to repel attack

1. Who is not an aggressor
2. May use otherwise unlawful force (but not deadly force)
3. To protect himself or herself against an attack by another person
4. When he or she reasonably believes that he or she is threatened
5. With the imminent use of unlawful force
6. And that force is necessary to repel that attack

Question 3

Honest and Reasonable Belief

Answer 3

Both Subjective and Objective elements

Subjective: honest belief that their threat of force is imminent and use of responsive force necessary

Objective: belief that threat of force imminent and use of responsive force necessary must be reasonable

Reasonable Person: physical characteristics of accused may be considered but not mental, emotional characteristics or views.

Question 4

Retreat Doctrine

Answer 4

CL: required retreat if available (not in one’s home “Castle Doctrine”)

Question 5

MPC “Duty to Retreat”

Answer 5

The duty to retreat only arises when a person needs to use deadly force, “and even then retreat is only a requisite if the actor knows that he can avoid the need to use such force with complete safety by retreating”

• If can retreat safely you have to do so if you are going to use deadly force

Question 6

Castle Doctrine

Answer 6

retreat doctrine not where person acting in own home, and sometimes place of work

Exception: castle doctrine inapplicable where person was initial aggressor or used force against co-habitant or co-worker

Question 7

Aggressor Rule

Answer 7

CL Gen rule: aggressor cannot invoke self-defense

1) When the other person uses EXCESSIVE FORCE the D (as the initial aggressor) can respond with self defense
2) When the D WITHDRAWALS from force and the other person continues to use force, D (as the aggressor) may respond with self defense

Question 8

What is deadly force?

Answer 8

force intended to cause death or serious bodily injury ..

Proportionality: most jurisdictions follow MPC approach that use of deadly force ok only if threatened with deadly force.

Question 9

Necessity and Immunity

Answer 9

threat of unlawful force must be imminent and response must be necessary

• D must actually believe that the use of force in self defense is necessary, and the belief must be reasonable under the circumstances

Question 10

Defense of others

Answer 10

Force used to defend against threat or attack on another person

• under same circumstances that self-defense would be acceptable. Extends to anyone the D reasonably believes has the right of self-defense

Question 11

Perfect Self-Defense

Answer 11

results in acquittal.

1) D was not aggressor
2) D actually believed he was in immediate and imminent danger of death or serious bodily harm
3) D’s belief was objectively reasonably
4) D used no more force than was reasonably necessary

Question 12

“Imperfect Self-Defense”

Answer 12

negates the element of malice for murder and thus reduces the offense to manslaughter

• Actual (subjective) belief that D was in apparent imminent danger of serious bodily harm from person, requiring use of deadly force (not objectively reasonably)
• Unreasonable mistake

Question 13

Defense of Property or Habitation

Answer 13

CL: depended on level of force used

• Unlawful force: Force could be used to protect property when reasonably belief immediately necessary
• Deadly Force: deadly force could be used only where reasonably belief necessary to prevent imminent, forcible entry into dwelling

Majority: force can be used when reasonable belief necessary to prevent or terminate unlawful trespass or carrying away property

Deadly force: could be used by homeowner to prevent or terminate unlawful entry into dwelling when reasonable belief intruder intends to commit felony inside

Question 14

Necessity “of evils”

Answer 14

Commission of crime to prevent greater harm occurring from natural event

Gen rule: may commit crime when faced with imminent threat of serious injury and no reasonable lawful alternative exists except commission of less serious crime to avoid threat

(a) the harm or evil sought to be avoided by such conduct is greater than that sought to be prevented by the law defining the offense charged; and 
(b) neither the Code nor other law defining the offense provides exceptions or defenses dealing with the specific situation involved; and  (c) a legislative purpose to exclude the justification claimed does not otherwise plainly appear. 

Recklessness or Negligence: inapplicable to reckless or negligent crimes when person was reckless or negligent creating need to act