Justification Defenses

Question 1

When can self-defense be used?

Answer 1

In response to imminent threats of unlawful force.

Question 2

Non-deadly force may be used in self-defense if:

Answer 2

• the D is not at fault (not the initial aggressor); and
• reasonably believes that it was necessary to protect himself from imminent unlawful force

*no duty to retreat; amount of force permitted depends on nature of the provoking offense

Question 3

When can deadly force be used in self-defense?

Answer 3

• not at fault

- reasonably believes he is being confronted with unlawful force that threatens imminent death or great bodily harm

Question 4

When defending a dwelling, non-deadly force is allowed to __________

Answer 4

Prevent or terminate an unlawful entry or attack on one’s dwelling

Question 5

When can deadly force be used when defending a dwelling?

Answer 5

Only if the person reasonably believes that

a) force is necessary to prevent attack on oneself or others by a person who made or attempted violent entry; or
b) force is necessary to prevent entry by a person who intends to commit a felony in the dwelling

Question 6

May force be used to recover property wrongfully taken?

Answer 6

Only if one is in immediate pursuit of the wrongful taker

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