Justifications Flashcards
What are justifications?
Defenses recognized as necessary to respond to forces outside the actor
Perfect Self Defense
Right to use force to defend against attack (threat of imminent unlawful force).
Can meet unlawful force with force, and deadly force with deadly force.
Defense is available when it is objectively reasonable to think is necessary (both honest and reasonable under common law)
CL Deadly force
- the defendant’s [honest and] “reasonable belief” that
- the conduct of another poses a threat of death or great bodily harm; and
- that such harm is “imminent” [immediate]; so that
- the use of deadly force is “necessary” to protect the defendant.
If retreat required by statute, the actor must retreat if able
Generally no retreat required at home, work, or in Texas
Actor can’t be the original aggressor; actor must withdraw in a way that is clear to the victim of the initial aggression to regain right of self-defense.
Force used must be reasonable in the circumstances
Duty to retreat MPC
Deadly force not justifiable if you can retreat, unless at home or work unless initial aggressor
Texas Rule
Rejects duty to retreat
Aggressor Rule
A person who is the original aggressor cannot invoke self-defense.
However, under MPC the right to self-defense may be regained “by so far breaking off the struggle that any renewal by the other party can be viewed as a distinct engagement.”
A person who escalates an altercation loses the right of self-defense.
An escalation may mark the beginning a new engagement.
MPC use of force as self protection
Justified when actor believes that force is immediately necessary for protection against the use of unlawful force by other person on the present occasion - only subjective belief
TCP Use of force
Reasonable belief - expansion of where you can use it
TPC Deadly force
Reasonably believes
Law enforcement
Police cannot invoke the right to use deadly force to make an arrest if there is “no immediate threat to the police officer and no threat to others.”
Imperfect self defense
When the defendant committed the killing because of an honest, though unreasonable belief of the imminence of death or serious bodily harm.
Intimate partner battering
Can remove objective reasonable requirement - only need to prove subjective
Defense of dwelling
Traditionally required a reasonable belief that an intruder threatened harm to the occupants of a dwelling.
New statutes have nearly eliminated this requirement
An occupant of a dwelling is any person legally inside a dwelling, not just a resident.
Castle doctrine
No duty to retreat in your own home
Necessity/Choice of evils
Usually raised as a defense when conduct is justified by the need to avoid a greater evil by engaging
in a lesser, but nonetheless prohibited conduct.
Under common law only allowed when facing imminent injury with no viable alternative other than
violation of the law.
Traditionally a justification defense to respond to threats from natural sources (hurricanes,
tornadoes…etc.)
MPC § 3.02(1) Choice of Evils
Allowed, provided that
The harm or evil is greater than the one sought to be prevented by the law defining the crime
The law does not provide exceptions or defenses dealing with the specific situation and
The legislative purpose to exclude the claimed justification does not otherwise plainly appear
TPC § 9.22 Necessity
Conduct is justified if:
The actor reasonably believes the conduct is immediately necessary to avoid imminent harm;
The desirability and urgency of avoiding the harm clearly outweigh, according to ordinary
standards of reasonableness, the harm sought to be prevented by the law proscribing the
conduct; and
A legislative purpose to exclude the justification claimed for the conduct does not otherwise
plainly appear.
