Justifications Flashcards
What is a justification?
Justification – the act by the defendant was not wrong (degree of wrongfulness); beyond a reasonable doubt – government has the burden of proof (the allocation of the burden of proof); no culpability; the justification is both a rule of conduct and decision – what’s going on in the defendants mind. Third parties can help.
Self-defense (NMR)
Self-defense (justification) – a person has the right to use reasonable force to prevent imminent threat to yourself. Mistake is acceptable if it is reasonable (national majority rule)- this is okay because there really isn’t culpability in many of these situations.
self-defense MPC
“If a person is making a claim of right to protect the property, you should not use force. We want to steer these kinds of disputes to court.
You do not have a duty to retreat in your home or workplace; even their you have a duty to retreat if you instigated the aggression; or you are coworkers/cohabitants with the threatening person.
There is no duty to retreat if you are a public officer making an arrest, or if you are a private citizen assisting with the arrest.
We judge the culpability of a person refusing to retreat based on the subjective view of the person refusing.
Use of confinement is only reasonable, if the person that confines takes all efforts to release the person when they are no longer in being threatened.
No one has to retreat from any place unless there is a completely safe way to retreat. “
Self-defense: People v. La Voie
• Drunk guys randomly rammed the back of the D’s car; D had a pistol and shot the guy after they all 4 came out of the car and started threatening him.
Did D have the right to defend himself aganst the threatened assauklt?
“If a person has reasonable grounds for believing, and does in fact actually believe, the danger of himself being killed or serious bodily injury, he may defend himself – although it may turn out that the appearances were false or although he may have been mistaken as to the extent of the real or actual danger.”
self defense isn’t available when…
Self-defense is not available when the threat ends
If you start something, and your initial aggression is already serious. You cannot claim self-defense.
Self defense- what POV do we take?
National majority position – look at the murder from an objective point of view.
However, the national majority rule will take into account life circumstances will allow self-defense based on mistakes that are reasonable, a mistake does not preclude the self-defense defense (this allows some subjectivity).
MPC/NMR: Self-defense mistake
“3.09 (1)
Mistake of law is not okay.
3.09.(2)
A lot of mistake in self-defense leads to manslaughter.
If you are reckless in assessing the threat presented, you will more than likely be guilty of manslaughter.
3.09.(3)
If you put innocent people in danger recklessly, the person will likely be found guilty of manslaughter.”
MPC- self defense of others
(a) the actor would be justified under Section 3.04 in using such force to protect himself against the injury he believes to be threatened to the person whom he seeks to protect; and
(b) under the circumstances as the actor believes them to be, the person whom he seeks to protect would be justified in using such protective force; and
(c) the actor believes that his intervention is necessary for the protection of such other person.
When can police shoot a fleeing felon? What indicators are used to justify?
“Police can only shoot a fleeing felon if:
• they pose an imminent threat to the cop or a 3rd party.
If a cop has probable cause that the felon is going to cause imminent death or serious bodily injury to anyone, then lethal force will be justified.
• The best indicators are:
1) the nature of the crime just committed and
2) where the person is headed and what they purport to be doing. “
Spring guns?
No spring guns. Self-defense and defense of property need to be calibrated to the offense. Property matters less than human life.
MPC choice of evils
“MPC 3.02 – Justification – Choice of Evils - Necessity
(1) Conduct that the actor believes to be necessary to avoid a harm or evil to himself or others is justifiable, provided that (and you must meet all of these):
(a) What you would do that is illegal is not as bad as the harm you want to avert.
(b) No statute provides exceptions or dealing with the specific situation involved. In other words, you don’t want to put your self-defense claims here because there is a separate provision for that.
(c) A legislative purpose to exclude the justification claimed does not otherwise plainly appear. Congress or a state legislator could declare that certain justifications do not work.
(2) When you’ve dug a hole for yourself through your reckless or negligent actions, and reckless or negligence is an acceptable mens rea for the offense, justification is not an acceptable defense. “
Necessity analysis of:
People v. Unger – prisoner escapes to avoid being sexually assaulted and call threatening his life if he reports the incident.
An inmate was sexually assaulted, and he walks off the prison because he says he fear for his life. The defendant (prisoner) wanted the necessary defense instruction. He also wanted an instruction on compulsion (duress). There was no third-party coercing him to leave the prison so he could not use the compulsion defense. The trial court did not give a necessary instruction.
In necessity analysis, the number one factor is to weigh the harm vs. the harm you avoided. The blamelessness of the defendant is not always dispositive, but it is something to consider.
Court finds that the factors in this case were enough for a necessity defense instruction.
Necessity analysis:
“State v. Warshow – example of where political necessity is attempted.
Background: People are protesting outside of a temporarily shut down nuclear power plant, and the protesters are charged with trespassing. The defendants bring a defense of necessity to protect the community from the plant. “
Necessity analysis: In this case there was no indication of an imminent threat and arguably this situation does not appear to be the last resort. Additionally, looking at political necessity, the court states government has already approved the use of nuclear power. The necessity defense cannot be used to make a legislative judgment illegal. Separation of powers is key (Political Necessity).
Necessity analysis
“1. First consideration is weighing the gravity of the harm (harm you will cause vs harm you will avoid).
- Immanence and probability of the harm you want to avert.
- Last resort requirement – are their other alternatives.”
