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
