JUSTIFICATIONS Flashcards

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1
Q

Justifications Checklist

A
  • Self-Defense
    • Non-Deadly Force
    • Deadly Force
  • Imperfect Self-Defense
  • Defense of Others
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2
Q

Self-Defense

A

Non-Deadly Force - a person may use reasonable force to protect himself from imminent danger or injury, unless he is the initial aggressor. In some circumstances the initial aggressor may regain the right to use force.

Deadly Force - a person may only use deadly force to protect against death or great bodily harm. Under the majority view, there is no duty to retreat before using deadly force. Under the minority view, one must first attempt to retreat if it may be accomplished safely.

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3
Q

Imperfect Self-Defense

A

Imperfect self-defense is available to one who, in good faith, utilizes unreasonable self-defense and unjustifiable kills another

*Note: successful use of this defense reduces the charge from Murder to Voluntary Manslaughter

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4
Q

Defense of Others

A

A person may use force to defend a victim if he uses the same amount of force that he reasonably believes the victim would be legally justified to use to defend herself. No special relationship to the victim is required.

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