Principles of Exculpation

Question 1

Key factor in justification defenses

Answer 1

Immediacy of the threat; “Tomorrow I’m going to kill you” won’t cut it; ot justified to kill.

Crucial to determine the label of force; non-deadly force is justified where it appears necessary to avoid imminent injury or to retain property

Deadly force is justified only to prevent death or serious bodily injury

Question 2

Self Defense

Answer 2

Non-deadly force: Only as much as the person REASONABLY believes is necessary to protct herself from the imminent use of unlawful force upon herself; no duty to retreat

Deadly force: May use deadly force in self-defense if she (1) is without fault, (2) is confronted with unlawful force, and (3) reasonably believes that she is threatened with imminent death or great bodily harm.
- If not all 3 are met, some states would gin the D guilty of manslaughter rather than murder under imperfect self-defense doctrine.

Generally no duty to retreat before using deadly force

Minority View: Required retreat before using deadly force if the victim can safely do so, UNLESS (1) the attack occurs in the victim’s own home, (2) the attack occurs while the victim is making a lawful arrest, or (3) the assailant is in the process of robbing the victim.

Question 3

Rights of Aggressor to Use Self-Defense

Answer 3

If one is he aggressor in the confrontation, she may use force in defense of herself only if (1) she effectively withdraws from the confrontation and communicates to the other her desire to do so, or (2) the victim of the initial aggression suddenly escalates the minor fight into a deadly altercation and the initial aggressor has no chance to withdraw

Question 4

Defense of Others

Answer 4

A D has the right to defend others if she reasonably believes that the person assisted has the legal right to use force in his own defense. All that is necessary is the reasonable appearance of the right to use force. Generally, there need by no special relationship between the defendant and the person in whose defense she acted.

Question 5

Defense of a Dwelling

Answer 5

A person MAY use nondeadly force in defense of her dwelling when, and to the extent that, she reasonably believes that such conduct is necessary to prevent r terminate another’s unlawful entry into or attack upon her dwelling.

Deadly force may be used only to prevent a violent enrty and the person reasonably believes that the use of force is necessary to prevent a personal attack on herself o another in the dwelling, or to prevent an entry to commit a felony in the dwelling.

Question 6

Defending Possession

Answer 6

Deadly force may never be used in defense of property. Reasonable nondeadly force may be used to defend property in one’s possession from what she reasonably believes is an imminent, unlawful interference. Force may not be used if a request to desist or refrain from the activity would suffice.

Question 7

When may a person use force to regain a possession?

Answer 7

A person may use force to regain possession fo property that he reasonably believes was wrongfully taken only if he is in immediate pursuit of the taker

Question 8

When is crime prevention a defense?

Answer 8

Nondeadly force may be used to the extent that it reasonably appears necessary to prevent a felony or serious breach of the peace. Deadly force may be used only if it appears reasonably necessary to terminate or prevent a dangerous felony involving risk to human life.

Question 9

When may police use force to effectuate an arrest? Bystander?

When may a private citizen use force to effectuate an arrest?

Answer 9

Police Officers: Nondeadly force may be used by police officers if reasonably necessary to effectuate an arrest. Deadly force is reasonably ONLY IF it is necessary to prevent death or seriously bodily harm. Bystander summoned by police has same authority to use force as officer, and the bystander’s good faith assistance is justified even if it turns our that the officer was exceeding his authority

Private Persons: A private person has the same right to arrest as a police officer with the following exceptions: A private person as a privilege to use nondeadly force to make an arrest if a crime was in fact committed and the private person has reasonable grounds to believe the person arrested has in fact committed the crime.A private person may use deadly force only if the person harmed was actually guilty of the offense for which the arrest was made.

Question 10

How much force can be used to resist an arrest?

Answer 10

Majority Rule; Nondeadly force may be used to resist an improper arrest even if a known officer make that arrest

Deadly force may be used, however, only if the person does not know that the person arresting him is a police officer.

Question 11

When is necessity a defense?

Answer 11

Defense to a crime that the person reasonably believed that commission of the crime was necessary to avoid an imminent and greater injury to society than tha involved in the crime. OBJECTIVE; a good faith belief is not sufficient

Traditional CL: The pressure producing the choice of evils had to come from natural forces; modern cases have abandoned this requirement.

Limitation:

1. Death: Causing the death of another person to protect property is never justified
2. Fault: The defense of necessity is not available if the D is at fault in creating the situation requiring that he choose between two evils.

Question 12

When is an officer justified in using reasonabe force?

Answer 12

Officer is justified in using reasonable force against another, or in taking property, provided the officer acts pursuant to a law, court order, or process requiring or authorizing him o so act.

Question 13

When may a parent use reasonable force against a child?

Answer 13

parents of a minor child, or any person “in loco parentis” with respect to that child, may lawfully use reasonable force upon the child for the purpose of promoting the child’s welfare

Question 14

When is duress a defense?

Answer 14

Is a defense to a crime OTHER THAN homocide that the D reasonably believed that another person would imminently inflict death or great bodily harm upon him or a member of his family if he did not commit the crime.

Traditionally: Threats of property were not sufficient. Number of stated (MPC) allow for threats t property to give rise to a duress defense, assumign that the value of the property outweighs the harm done to society by commission of the crime

Necessity Distinguished: Unlike necessity, duress always involved a threat by a human.

Question 15

When is mistake or ignorance of fact relevant to criminal liability

Answer 15

Relevant to criminal liability ONLY IF it shows that the D lacked the state of mind required for the crime; thus, it is irrelevant if the crime is strict liability.

Reasonableness: If mistake is offered to disprove a specific intent, the mistake need not be reasonable; However, if it is offered to disprove any other state of mind, it must have been reasonable mistake or ignorance.

Question 16

Is mistake of ignorance of law generally a defense?

Answer 16

Generally, it is not a defense that D believed that her activity would not be a crime, even if that belief was reasonable and based on the advice of an attorney.

If reliance on the attorney negates a necessary mental state element, such reliance can demonstrate that the government has not provided its case beyond a reasonable doubt.

Question 17

When is mistake or ignorance of law a good defense?

Answer 17

D has a defense if:

1. the statute proscribing her conduct was not published or made reasonably available prior to conduct
2. There was reasonable reliance on a staute or judicial decision; OR
3. in some jxs, there was reasonable reliance on official interpretation or advice

NOTE: If D’s mistake or ignorance as to a collateral legal matter proves that she lacked the state of mind required for the crime, she is entitled to acquittal. Must involve the elements of the crime, not existence of a statute making the act criminal.
Ex: Cant be found guilty of selling a gun to a felon i she thought the person was convicted of a misdemeanor.

Question 18

Is consent a defense? If so, when?

Answer 18

Consent is usually not a defense unless the crime required lack of consent of the victim.

Whenever consent may be a defense, it must be established that:

1. Consent was voluntarily and freely given
2. party was legally capable of consenting; AND
3. no fraud was involved in obtaining the consent

Question 19

Is forgiveness by the victim a defense?

Answer 19

No defense; forgiveness by the victim is no defense. Likewise, the nearly universal rule is that illegal conduct by the victim of a crime is no defense

Question 20

When is entrapment a defense?

Answer 20

Entrapment exists only if:

1. The criminal design originated with law enforcement officers; AND
2. the D was not predisposed to commit the crime prior to contact by the govt.
   * Merely proving the opportunity for predisposed person to commit a crime is not entrapment.

Can’t be entrapped by a private citizen. Defense cant be based solely on the fact that a govt agent provided an ingredient for commission of the crime, even if the material provided was contraband.