Justification Defenses

Question 1

Self defense may be used in response to ____ threats of lawful force.

Answer 1

Imminent

Question 2

Self-Defense

Non-deadly force

Answer 2

May be used if D:

1. Is not at fault; and
   
   1. Not the initial aggressor
2. Reasonably belives it necesary to protect himself from imminent unlawful force
   
   1. No duty to retreat

Question 3

The amount of force permitted depends on the nature of the provoking offense; generally, it must be ____

Answer 3

proportionate

Question 4

Self-Defense

Deadly Force

Answer 4

May be used if D:

1. Is not at fault; and
   
   1. not the initial aggressor
2. Reasonably believes he is confronted with unlawful force that threatens imminent death or great bodily harm.

Not duty to retreat under majority rule

Question 5

Self Defense

Self Defense by an initial aggressor

Answer 5

Available if either:

1. Initial aggressor effectively withdrawls before the need for self-defense arises and communicates his desire to do so; or
2. Victim of the initial aggression suddently escalates a minor dispute into a deadly alteraction.

Question 6

Self Defense

Defense of Others

Answer 6

Same rules apply as for self-defense

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

Question 7

Police use of force to effectuate arrest

Non-Deadly Force

Answer 7

NDF is permissible to reasonably effectuate an arrest

Question 8

Police use of force to effectuate arrest

Deadly Force

Answer 8

DF is permissible to prevent the escape to a fleeing felon who poses a threat of death or serious bodily harm

Question 9

Citizen use of force to effectuate arrest

Non-Deadly Force

Answer 9

NDF is permissible if the crime was actually committed and there is reasonable belief that the person arrested was the perpetrator

Question 10

Citizen use of force to effectuate arrest

Deady Force

Answer 10

DF is permissible to prevent the escape of a person who actualyy committed a felony and threatens human life.

Question 11

Crime Prevention

Non-Deadly Force

Answer 11

NDF is permissible to prevent a serious breach of the peace

Question 12

Crime Prevention

Deadly Force

Answer 12

DF is permissible to terminate or prevent a dangerous felony involving a serious risk of human life.

Question 13

Defense of Dwelling

Non-Deadly Force

Answer 13

allowed to prevent or terminate an unlawful entry or attack on one’s dwelling.

Question 14

Defense of Dwelling

Deadly Force

Answer 14

May be used if person reasonably believes:

1. Force is necessary to prevent attack on oneself or others by a person who made or attempted violent entry; or
2. Force is necessary to prevent entry by a person who intends to commit a felony in the dwelling.

Question 15

Defense of property (non-dwelling)

Answer 15

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 16

Recovery of Property

Answer 16

Force may not be used to regain property wrongfully taken, unless one is in immediate pursuit of the wrongful taker

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