Principles of Exculpation

Question 1

What is the standard of proof for whether a ∆ can claim immunity from a claim based on justified use of force?

Answer 1

Probable cause

Question 2

What does the state bear the burden of proving?

Answer 2

The state bears the burden of establishing that the force was not justified as part of the probable cause determination.

Question 3

When is Battered Woman Syndrome relevant?

Answer 3

KS allows evidence to show the reasonableness of the woman’s belief that she was threatened with immediate death or great bodily harm. HOWEVER, there must be evidence of an immediate threat before it is admissible.

Question 4

KS allows an initial aggressor to use force when?

Answer 4

When he reasonably believes he is being confronted with an imminent danger of death or great bodily harm, ONLY IF HE HAS:
(1) exhausted every reasonable means of escape before using force
(2) withdrawn in good faith from physical contact with the assailant and CLEARLY INDICATED to the assailant that he desires to withdraw and terminate the use of force
BUT the assailant continues or resumes the use of force.

Question 5

What is the KS rule for defense of a dwelling?

Answer 5

A person may use deadly force to prevent or terminate unlawfully entry into or an attack on any dwelling, place of work, or occupied vehicle of she reasonably believes such force is necessary to prevent her or another’s imminent death or great bodily harm. No duty to retreat from one’s own home, workplace, or vehicle.

Question 6

In KS, what is the rule for using duress as a defense in murder?

Answer 6

A ∆ cannot be guilty of FELONY murder if he has a valid defense of duress to the UNDERLYING offense.