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Question 0

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?

Answer 0

No

Question 1

What is the common law and modern approach to the duty to retreat rule for self-defense?

Answer 1

• 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

Question 2

What is the exception to duty to retreat?

Answer 2

Castle doctrine

Question 3

What is the Castle doctrine?

Answer 3

There is no duty to retreat if you are attacked in your own home

Question 4

When is it lawful to use lethal force on an attacker?

Answer 4

• when the victim’s initial attack was deadly and wrongful, and
• the defendant’s response was reasonable

Question 5

What is the proportional element of self-defense?

Answer 5

The defense must be proportional to the initial attack

Question 6

If you are being attacked, but it isn’t a deadly attack, are you justified to use deadly force in return?

Answer 6

No, the force must be proportional

Question 7

What does it mean that an attack must be wrongful in order for self-defense to be okay?

Answer 7

If the force is lawful, then you are not justified to use force in return

Question 8

If you initiate a deadly attack, can you claim self-defense when the defendant defends himself with a deadly response?

Answer 8

No, because you were the initial attacker and the force was proportional

Question 9

Once an attack is over, can you kill someone for revenge?

Answer 9

No, that is retaliation, and does not count for self-defense

Question 10

What is deadly force?

Answer 10

Force with intent to cause death or GBI or that defendant knows creates a substantial risk of that

Question 11

When is it appropriate to use deadly force in self-defense?

Answer 11

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

Question 12

What is non-deadly force?

Answer 12

Moderate force

Question 13

What are some examples of non-deadly force?

Answer 13

Threatening to use deadly force with no intention to carry it out, pointing a gun at an attacker without pulling the trigger, etc.

Question 14

Who has the burden of proof for self-defense?

Answer 14

Usually the prosecution must disprove it beyond a reasonable doubt, but some courts make the defense prove it by a preponderance of the evidence

Question 15

What is the battered woman syndrome?

Answer 15

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

Question 16

How does the battered woman syndrome relate to self-defense?

Answer 16

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

Question 17

How do syndromes affect self-defense?

Answer 17

They allow the jury to evaluate the defendant’s use of self-defense from a more subjective point of view

Question 18

What are some examples of syndromes that might allow self-defense to be looked at from a more subjective point of view?

Answer 18

• battered child syndrome
• Holocaust survivor syndrome
• policemen syndrome
• battered woman syndrome

Question 19

If a jury decides a defendant truly believed force was necessary, but was unreasonable in that belief, is self-defense available?

Answer 19

No

Question 20

If you were mistaken about your belief that self-defense was necessary, but you were reasonable in your belief, is that a defense?

Answer 20

Yes

Question 21

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?

Answer 21

Yes, even though you were wrong, it was a reasonable mistake

Question 22

How does the MPC treat mistake for self-defense?

Answer 22

If you had an honest belief that force was necessary, that is enough, it doesn’t have to be reasonable

Question 23

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?

Answer 23

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

Question 24

What are some crimes that self-defense can be a complete defense to?

Answer 24

• murder
• attempted murder
• manslaughter
• assault
• aggravated assault
• battery
• aggravated battery

Question 25

If you are acting in self-defense and you miss and hit an innocent bystander, what are you guilty of?

Answer 25

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

Question 26

If you consent to force, can you use self-defense as an excuse?

Answer 26

No

Question 27

What are “make my day” laws?

Answer 27

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

Question 28

Why does the aggressor not have a right to self-defense?

Answer 28

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

Question 29

Can you provoke the use of force against yourself so that you can cause great bodily injury?

Answer 29

No

Question 30

What is a way you can get back your right to self-defense?

Answer 30

Withdrawing in good faith from the encounter by notifying or taking reasonable steps to notify the victim

Question 31

What is the general rule about duty to retreat?

Answer 31

If you didn’t initiate the conflict, you have no duty to retreat

Question 32

What is the minority rule about duty to retreat?

Answer 32

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

Question 33

What does the MPC say about duty to retreat?

Answer 33

Deadly force is not allowed if you know you can avoid it by surrendering possession of a thing or complying with a demand