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Question 0

If you use deadly force to resist an unlawful arrest, what is your guilt?

Answer 0

The crime can be mitigated from murder to voluntary manslaughter because the provocation of unlawful arrest was enough to make you lose your self control

Question 1

Can you use deadly force to resist unlawful arrest?

Answer 1

No, only non-deadly force

Question 2

What is the MPC and modern view of resisting unlawful arrest?

Answer 2

It is not justifiable to resist unlawful arrest by using force, but if the officer uses excessive force, you can use self defense

Question 3

What is imperfect self-defense?

Answer 3

When you use deadly force against another with an honest and good faith but unreasonable belief that the force was necessary

Question 4

Can imperfect self-defense ever be used as a mitigation?

Answer 4

Yes, if D’s killing was unlawful but because of a mitigating circumstance he lacked malice aforethought, that could mitigate a murder to manslaughter

Question 5

What is a type of imperfect self-defense?

Answer 5

If you non-feloniously precipitated an attack, and then were forced to kill in self defense

Question 6

What is an example of imperfect self defense?

Answer 6

You punch someone, and they try to stab you, so you use deadly force. Because you started the altercation you don’t have a self-defense claim, but this could mitigate your murder to manslaughter

Question 7

How does the MPC treat imperfect self-defense?

Answer 7

MPC would let you raise a perfect self defense, but would still find you guilty of battery or whatever other crime

Question 8

What is defense of others?

Answer 8

You’re justified in using reasonable force in defense of another if you reasonably believe they are in immediate danger of unlawful bodily harm, and the use of force is necessary to avoid the danger

Question 9

Can you have a defense of others defense for a stranger?

Answer 9

Yes

Question 10

Can you be mistaken and still have a defense of others defense?

Answer 10

Yes, as long as your belief was reasonable and your use of force was reasonable

Question 11

How does proportionality work for defense of others?

Answer 11

You are only entitled to use as much force as the actual person would be entitled to use

Question 12

Is it possible to rely on the subjective belief of a victim for defense of others?

Answer 12

Yes, if the victim reasonably thought the perpetrator had a gun, you can believe that also

Question 13

What is the “alter ego” rule for defense of others?

Answer 13

The right to defend another is coextensive with the other’s right to defend himself

Question 14

If you step in to help someone that you think is in danger, but the force is actually lawful, can you use a defense of others defense?

Answer 14

No, because of the alter ego rule

Question 15

What is the retreat rule for defense of others?

Answer 15

It is the same as self-defense but if you can retreat without any risk to yourself and the victim can’t, then you don’t have to retreat

Question 16

When can you use confinement as a protective force?

Answer 16

Only if you take all reasonable measures to terminate it as soon as it is safely possible

Question 17

Do police officers have to refrain from using force when they encounter resistance?

Answer 17

No

Question 18

What is defense of property?

Answer 18

Reasonable non-deadly force can be used to defend property, but deadly force can never be

Question 19

If someone is sitting on your car, what can you do to get them off?

Answer 19

You can push them off, or use any other reasonable non-deadly force, but you can’t use deadly force

Question 20

Can you use mechanical devices to protect your home?

Answer 20

Yes, so long as they don’t use deadly force

Question 21

Can you use dangerous animals to protect your home?

Answer 21

No, because this should be thought of as mechanical devices that indiscriminately kill

Question 22

Why can you not use deadly force to protect property?

Answer 22

Human life is more valuable than property

Question 23

If an old lady sets a trap to shoot intruders, and a kid breaks in and is shot dead, the old lady’s actions were what?

Answer 23

Beyond the scope of lawful defense of property because deadly force cannot be used to protect property

Question 24

Are dogs considered to be property?

Answer 24

Yes. So you can’t use deadly force to protect them