Justification Defenses Flashcards
When do “justification defenses” arise?
Justification defenses arise when society has deemed that although D committed a proscribed act, he should not be punished bc circumstances justify the action
What is the general rule w regards to “justification defenses” and immediacy?
In general –> justification defenses rely on the immediacy of the threat
NOT SUFFICIENT –> threat of future harm
What is the general rule re: level of force permitted in justification defenses?
In general:
Non-deadly force –> justified where it appears NECESSARY to avoid IMMINENT INJURY or RETAIN PROPERTY
Deadly force –> justified ONLY to prevent DEATH or SERIOUS BODILY HARM
What are the 10 justification defenses?
- Self-Defense
- Defense of others
- Defense of a dwelling
- Defense of other property
- Crime prevention
- Use of force to effectuate arrest
- Resisting arrest
- Necessity
- Public Policy
- Domestic Authority
What issues arise with regards to “self-defense”?
- amount of force (deadly versus non-deadly) permitted
- duty to retreat
- right of aggressor to use self defense
With regards to “self-defense” - when is non-deadly force permitted?
- a person without fault
- may use such non-deadly force as the person REASONABLY BELIEVES IS NECESSARY
- to protect herself from IMMINENT USE OF UNLAWFUL FORCE UPON HERSELF
With regards to “self-defense” - is there a duty to retreat prior to using non-deadly force?
no
With regards to “self-defense” - when is deadly force permitted?
- a person without fault
- is confronted with UNLAWFUL FORCE;
- REASONABLY BELIEVES she is treated with IMMINENT DEATH or SERIOUS BODILY HARM
With regards to self-defense, is there a duty to retreat prior to using deadly force?
MAJORITY VIEW –> no duty to retreat prior to using deadly force
Minority view —> there IS a duty to retreat prior to using deadly force IF the victim can safely do so, UNLESS:
- attack occurs in victim’s own HOME;
- attack occurs while victim is making a LAWFUL ARREST; or
- victim is being ROBBED
What is the right of the initial aggressor to use force in self-defense?
Initial aggressor can only use force if:
- she EFFECTIVELY WITHDRAWS from confrontation and COMMUNICATES to the other her desire to do so; OR
- victim of aggression SUDDENLY ESCALATES minor fight into deadly altercation and initial aggressor has no chance to withdraw
What is the rule re: “defense of others”?
D has right to defend others IF she REASONABLY BELIEVES they have the right to use force in their own defense.
- no need for special relationship btwn D and person she is assisting
What is the rule for use of non-deadly force in defense of a dwelling?
A person may use NON-DEADLY force in defense of a dwelling IF:
-she REASONABLY BELIEVES such conduct is necessary to prevent unlawful entry into or attack upon her swelling
NOTE –> she can use only force she reasonably believes is necessary to stop the intrusion/attack
What is the rule for use of DEADLY FORCE in defense of a dwelling?
Deadly force is permitted in defense of a dwelling if:
- there is a VIOLENT ENTRY; AND
- REASONABLY BELIEVES use of force is necessary to:
(i) prevent personal attack on herself/other in dwelling; OR
(ii) prevent burglary
What is the rule re: use of force in defense of property other than a dwelling?
Deadly force –> NEVER allowed in defense of property
REASONABLE, Non-deadly force –> may be used to protect property in one’s possession, IF:
- D REASONABLY BELIEVES there is an IMMINENT interference
NOTE –> force CANNOT be used if a request to desist would suffice
What is the rule re: use of force in regaining possession of property other than a dwelling?
A person may use force to REGAIN possession of property ONLY if he is in IMMEDIATE PURSUIT of taker
What is the rule re: use of force in crime prevention?
Non-deadly force –> may be used:
- to the extent it REASONABLY APPEARS NECESSARY;
- to prevent a FELONY or SERIOUS BREACH OF PEACE
Deadly force –> may be used:
- only if it appears REASONABLY NECESSARY
- to terminate or prevent a DANGEROUS FELONY involving RISK TO HUMAN LIFE
What two issues arise with regards to use of force to effectuate arrest?
- use of force by police officers;
2. use of force by private persons
When may force be used by police officer to effectuate arrest?
Nondeadly force –> IF
- REASONABLY NECESSARY to effectuate arrest
DEADLY FORCE –>
- necessary to prevent a felon’s escape; AND
- officer REASONABLY BELIEVES felon threatens death or serious bodily harm
NOTE –> A good faith bystander’s summoned by police to assist has same authority as officer, even if officer was exceeding his authority.
When may force be used by PRIVATE PERSON to effectuate arrest?
Same as police, w following additional requirements
Non-deadly force –>
- crime was IN FACT COMMITTED; AND
- person REASONABLY BELIEVES the person being arrested committed the crime
DEADLY FORCE –>
-only if person ACTUALLY COMMITTED THE CRIME
When is force permitted in resisting arrest?
Majority rule –> NON-deadly force may be used to resist IMPROPER arrest, even if made by known police officer
Minority rule (MPC) –> resistance NOT allowed if officer is known
DEADLY FORCE –> only permitted if person does not know person is a police officer
What is the rule with regards to “necessity” as a defense?
It is a defense to a crime if a person REASONABLY BELIEVED the commission of the crime was necessary to void an imminent and greater injury to society than involved in the crime
NOTE –> test is OBJECTIVE. a “good faith” belief is not enough.
What are the two limitations on “necessity” as a defense?
- Death
2. Fault
What is the rule re: “death” and necessity as a defense?
Causing death of another person to protect property is NEVER justified
What is the rule re: “fault” and necessity as a defense?
Defense of necessity is NOT available if D is at fault for creating the situation
