Page 35 Flashcards
If a reasonable person would have known that he could retreat under complete safety, but the defendant didn’t know it, is there a duty to retreat?
No
What is the common law and modern approach to the duty to retreat rule for self-defense?
- CL: no duty to retreat before using deadly force
- Modern: you have a duty before using deadly force to retreat, but none just for force
What is the exception to duty to retreat?
Castle doctrine
What is the Castle doctrine?
There is no duty to retreat if you are attacked in your own home
When is it lawful to use lethal force on an attacker?
- when the victim’s initial attack was deadly and wrongful, and
- the defendant’s response was reasonable
What is the proportional element of self-defense?
The defense must be proportional to the initial attack
If you are being attacked, but it isn’t a deadly attack, are you justified to use deadly force in return?
No, the force must be proportional
What does it mean that an attack must be wrongful in order for self-defense to be okay?
If the force is lawful, then you are not justified to use force in return
If you initiate a deadly attack, can you claim self-defense when the defendant defends himself with a deadly response?
No, because you were the initial attacker and the force was proportional
Once an attack is over, can you kill someone for revenge?
No, that is retaliation, and does not count for self-defense
What is deadly force?
Force with intent to cause death or GBI or that defendant knows creates a substantial risk of that
When is it appropriate to use deadly force in self-defense?
If you reasonably believe the other is about to inflict unlawful death or GBI and you think it is necessary to use deadly force to prevent it
What is non-deadly force?
Moderate force
What are some examples of non-deadly force?
Threatening to use deadly force with no intention to carry it out, pointing a gun at an attacker without pulling the trigger, etc.
Who has the burden of proof for self-defense?
Usually the prosecution must disprove it beyond a reasonable doubt, but some courts make the defense prove it by a preponderance of the evidence
What is the battered woman syndrome?
When a man physically and psychologically abuses his wife/loved one, gains her forgiveness, seeks her love and reconciliation, and then repeats until the woman is reduced to a state of learned helplessness
How does the battered woman syndrome relate to self-defense?
If it applies, the imminency requirement is more loosely construed. If a reasonable person in the shoes of the woman would have responded in that way, then self-defense is warranted
How do syndromes affect self-defense?
They allow the jury to evaluate the defendant’s use of self-defense from a more subjective point of view
What are some examples of syndromes that might allow self-defense to be looked at from a more subjective point of view?
- battered child syndrome
- Holocaust survivor syndrome
- policemen syndrome
- battered woman syndrome
If a jury decides a defendant truly believed force was necessary, but was unreasonable in that belief, is self-defense available?
No
If you were mistaken about your belief that self-defense was necessary, but you were reasonable in your belief, is that a defense?
Yes
If you shoot someone that looks like they are reaching for a gun, but they are just getting a Kleenex, can you use self-defense?
Yes, even though you were wrong, it was a reasonable mistake
How does the MPC treat mistake for self-defense?
If you had an honest belief that force was necessary, that is enough, it doesn’t have to be reasonable
What is an example of a special circumstance where the immediacy requirement for self-defense could be extended and you could act as early as necessary?
If harm is threatened for a later date, but you must act immediately, because the threat cannot be avoided if you wait. Ie: escape from kidnapping
What are some crimes that self-defense can be a complete defense to?
- murder
- attempted murder
- manslaughter
- assault
- aggravated assault
- battery
- aggravated battery
If you are acting in self-defense and you miss and hit an innocent bystander, what are you guilty of?
You’re only as guilty as you would have been had you hit the intended target, unless you acted recklessly, then you’re liable for battery or involuntary manslaughter
If you consent to force, can you use self-defense as an excuse?
No
What are “make my day” laws?
They say you don’t have to wait until a person actually gets into your house to exercise Castle doctrine, you can use deadly force on someone trying to use deadly force against you, as long as you reasonably believe it
Why does the aggressor not have a right to self-defense?
Because for self defense, the force you defend against must be unlawful, but the force he is actually defending against is lawful because it was brought in self-defense by the victim
Can you provoke the use of force against yourself so that you can cause great bodily injury?
No
What is a way you can get back your right to self-defense?
Withdrawing in good faith from the encounter by notifying or taking reasonable steps to notify the victim
What is the general rule about duty to retreat?
If you didn’t initiate the conflict, you have no duty to retreat
What is the minority rule about duty to retreat?
You must retreat before using deadly force if you know you can do it completely safely. Although you don’t have to retreat from your home, vehicle, or business
What does the MPC say about duty to retreat?
Deadly force is not allowed if you know you can avoid it by surrendering possession of a thing or complying with a demand
