Principles of Exculpation

Question 1

When is self-defense available?

Answer 1

A person without fault may use such force as they reasonably believe is necessary to protect themselves from the imminent use of lawless force.

Question 2

When may a person use deadly force in self-defense?

Answer 2

if they are (1) without fault, (2) confronted with unlawful force, and (3) reasonably believes they are threatened with imminent death or great bodily harm

Question 3

What is imperfect self-defense?

Answer 3

In some states, if the defendant kills in self-defense but does not achieve all 3 requirements, they may be knocked down to manslaughter

Question 4

Is there a duty to retreat before using force in self-defense?

Answer 4

Non-deadly – no
Deadly – generally no, but minority view says retreat if safe to do so unless in your own home, during a lawful arrest or during a robbery

Question 5

When can an aggressor claim self-defense?

Answer 5

An initial aggressor may use force in defense of themselves only if (1) they effectively withdraw from the confrontation and communicate their right to do so, or (2) the victim suddenly escalates the minor fight into a deadly altercation with no chance for the defendant to withdraw

Question 6

When can defense of others be raised?

Answer 6

if they reasonably believed the person assisted had the right to use force in their own defense (reasonable appearance of the right to use force)

Question 7

When may defense of a dwelling be raised?

Answer 7

A person can use nondeadly force in defense of dwelling when/to the extent that they believe it necessary to prevent or terminate another’s unlawful entry into or attack on the dwelling. Deadly force may only be used to prevent violent entry where the person reasonably believes the use of force is necessary to prevent a personal attack on herself or others inside or to prevent an entry to commit a felony

Question 8

When may defense of property be raised?

Answer 8

Reasonable non deadly force may be used to defend property in one’s possession from what they reasonably believe to be imminent unlawful interference, unless a request to desist would suffice

Question 9

When may force be used to regain possession of property?

Answer 9

Force may be used to regain possession of property that they reasonably believe is wrongfully taken only if in immediate pursuit of taker

Question 10

When may force be used for crime prevention?

Answer 10

Nondeadly force may be used to the extent it reasonably appears necessary prevents 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 11

When may force be used by police officers to effectuate an arrest?

Answer 11

Nondeadly force – if reasonably necessary to effectuate the arrest

Deadly force – only where necessary to prevent a felon’s escape and the officer reasonably believes that the felon threatens death or serious bodily harm

Question 12

What force may be used by a bystander summoned by a police officer to assist in an arrest?

Answer 12

The same authority to use force as the officer. Good faith assistance justified even if it turns out the officer was exceeding their authority

Question 13

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

Answer 13

Same right of arrest as a cop except:
privilege to use non deadly force if crime was in fact committed and the private person had reasonable grounds to believe the person arrested committed it
Privilege to use deadly force only where the person harmed was actually guilty of the offense

Question 14

When may force be used to resist an improper arrest?

Answer 14

Majority: nondeadly force may be used to resist an improper arrest even where a known officer is making it
Minority + MPC: no use of force against known cop
Use of deadly force only allowed where the person does not know the person arresting them is a cop

Question 15

When may the defense of necessity be raised?

Answer 15

If the person reasonably believed that commission of the crime was necessary to avoid an imminent and greater injury to society than the crime itself. Good faith belief not enough.

Common law: choice of evils must come from natural forces
Modern: abandoned this requirement

Unavailable where death of a person results from protecting property and where the defendant is responsible for creating the situation requiring a choice between two evils

Question 16

When is duress available?

Answer 16

When, in crimes other than intentional homicide, the defendant reasonably believed that another person would inflict death or great bodily harm on them or their family if they did not comply.

Threats to property traditionally insufficient but allowed by many states and MPC if the value of the property outweighs the harm done to society

Unlike necessity, always involves threat by a human

Question 17

When is mistake/ignorance of fact a defense?

Answer 17

Only where it shows the defendant lacked the state of mind required for the crime (unavailable for strict liability crimes)

If offered to disprove specific intent, mistake need not be reasonable, but if offered to disprove general intent, must have been reasonable

Question 18

What is the distinction between mistake of fact and impossibility?

Answer 18

Mistake of fact is a defense to a completed crime, usually to negate intent
Impossibility can only occur if the defendant failed to completed the crime

Question 19

When is mistake or ignorance of law a defense?

Answer 19

Generally not at all, regardless of whether it was reasonable or based on legal advice

Exception: Defense exists if (1) statute proscribing conduct not available/published prior to conduct, (2) reasonable reliance on a statute or judicial decision, or (3) in some jds, reasonable reliance on official interpretation or advice

Exception: if mistake or ignorance as to collateral legal matter proves lack of required state of mind (must involve elements of the crime but not existence of statute making the act criminal). E.g., cannot be guilty of selling a gun to a known felony if you mistakenly believe the person you sold the gun to had only been convicted of a misdemeanor

Question 20

When is a defense of consent available?

Answer 20

Not generally, unless crime requires lack of consent of victim.

Defense to minor assaults and batteries if no serious injury

Requirements if available: (1) consent voluntarily and freely given, (2) legally capable of consent, (3) no fraud in obtaining consent

Question 21

When is a defense of entrapment available?

Answer 21

(1) criminal design originated with law enforcement officers
(2) defendant not predisposed to commit crime prior to contact with the government

Cannot be entrapped by a private citizen