Principles of Exculpation

Question 1

In Virginia there (is/is not) a duty to retreat.

Answer 1

is not

Question 2

While defending oneself, non-deadly force may be used if…

Answer 2

reasonable under the circumstances from the subjective viewpoint of the defendant.

Question 3

While defending oneself, a person using deadly force must be _____, and must show that:

Answer 3

Without fault;

1. The person reasonably believed they were being threatened with imminent danger of death or great bodily injury, and
2. the deceased had performed some overt act that made the accused believe they were in imminent danger.

Question 4

Retreat is not required before using deadly force unless…

Answer 4

the defendant was at fault or provoked by the aggressor, in which case the defendant must retreat as far as safely possible before using deadly force.

Question 5

An aggressor may use self-defense after…

Answer 5

total abandonment of the original attack.

Question 6

The exculpatory defenses generally recognized are:

Answer 6

1. Self-defense (person, property);
2. Entrapment;
3. Duress.

Question 7

Entrapment occurs when…

Answer 7

1. A criminal design originated with police, and
2. defendant was not predisposed to commit such crime before contact with the police.

Question 8

Entrapment is not an exculpatory defense when…

Answer 8

police merely provided the defendant with the opportunity to commit the crime.

Question 9

In assertion of the exculpatory defense of Duress, a defendant must show:

Answer 9

1. A reasonable belief that the action was necessary to avoid imminent threatened harm;
2. A lack of other adequate means to avoid the threatened harm; and
3. A direct causal relationship that may be reasonably anticipated between the action taken and the avoidance of the harm.

Question 10

Duress is an exculpatory defense to…

Answer 10

all crimes except intentional homicide.