Non Homicide Defenses

Question 1

Self Defense

Answer 1

Reasonable non-deadly force. No requirement to retreat.

Question 2

Defense of Others

Answer 2

CL - Non-deadly force can be used to protect special relationship.

ML - Non-deadly force to protect any 3rd person. Step into shoes of victim, majority allow reasonable mistake.

Question 3

Defense of Property

Answer 3

Request to desist unless futile, non-deadly force reasonably necessary to prevent tresspass.

Question 4

Crime Prevention

Answer 4

Non-deadly force reasonably necessary.

Question 5

Public Authority

Answer 5

Non-deadly force reasonably necessary.

Question 6

Domestic Authority

Answer 6

Non-deadly force reasonably necessary for discipline of minor.

Question 7

Necessity

Answer 7

Pressure created by physical forces of nature.

Question 8

Mistake of Fact

Answer 8

Can negate mens rea required for crime.

Malice or General Intent Crime - Mistake must be reasonable.

Specific Intent Crime - Mistake can be unreasonable.

Question 9

Mistake of Law

Answer 9

No excuse.

MPC: Excuse only if: 1) relied upon interpretation of law later declared invalid, 2) no apprised of admin rule, 3) knowledge of statute is element, or 4) statute requires affirmative act.

Question 10

Duress

Answer 10

Threat of imminent harm with no reasonable opportunity to escape.

Question 11

Consent of Victim

Answer 11

Voluntary consent, with legal capacity, free from fraud. Not defense to felony except minor assault or battery.

Question 12

Entrapment

Answer 12

Federal/Majority - Innocent v Predisposed. Innocent is one not predisposed to commit crime prior to contact with police. Subjective

Minority - Look to police activity, would reasonable person be induced to commit crime. Objective.