Principles of Exculpation Flashcards
When is self-defense available?
A person without fault may use such force as they reasonably believe is necessary to protect themselves from the imminent use of lawless force.
When may a person use deadly force in self-defense?
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
What is imperfect self-defense?
In some states, if the defendant kills in self-defense but does not achieve all 3 requirements, they may be knocked down to manslaughter
Is there a duty to retreat before using force in self-defense?
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
When can an aggressor claim self-defense?
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
When can defense of others be raised?
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)
When may defense of a dwelling be raised?
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
When may defense of property be raised?
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
When may force be used to regain possession of property?
Force may be used to regain possession of property that they reasonably believe is wrongfully taken only if in immediate pursuit of taker
When may force be used for crime prevention?
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
When may force be used by police officers to effectuate an arrest?
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
What force may be used by a bystander summoned by a police officer to assist in an arrest?
The same authority to use force as the officer. Good faith assistance justified even if it turns out the officer was exceeding their authority
When may a private person use force to effectuate an arrest?
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
When may force be used to resist an improper arrest?
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
When may the defense of necessity be raised?
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