Principles of Exculpation

Question 1

For self-defense using nondeadly force, there (is/is no) duty to retreat.

Answer 1

is no

Question 2

The nondeadly force used in self defense must be reasonable under the circumstances from the subjective viewpoint of…

Answer 2

the defendant (person using the self-defense).

Question 3

What are the elements of using deadly force for self-defense?

Answer 3

A person using deadly force must be without fault and must show that:

1. he reasonably believed he was 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 he was in imminent danger.

Question 4

Retreat is not required before using deadly force to self-defend unless…

Answer 4

the defendant was at fault or provoked the aggressor.

Question 5

If the defendant was at fault or provoked the aggressor, what must he do before using deadly force to self-defend?

Answer 5

The defendant must retreat as far as safely possible before using deadly force.

Question 6

There is no duty to retreat ________________________, but the force used must be reasonable.

Answer 6

on one’s own premises

Question 7

An aggressor (provoker) may use self-defense after…

Answer 7

total abandonment of the original attack.

Question 8

Self-Defense or Defense of others is applicable to…

Answer 8

usually crimes of force, e.g. battery and homicide.

Question 9

Defense of one’s dwelling is applicable to..

Answer 9

crimes of force and crimes against habitation.

Question 10

To defend one’s dwelling, _________ force may be used to prevent entry. ________ force may be used only when fearing great bodily injury.

Answer 10

nondeadly; deadly

Question 11

Defense of other, non-dwelling property is applicable to…

Answer 11

property offenses.

Question 12

To defend property other than one’s own dwelling, _________ force may be used if reasonably necessary to retain property, but ________ force may not be used.

Answer 12

nondeadly; deadly

Question 13

The defense of entrapment applies to…

Answer 13

most crimes.

Question 14

What are the elements of entrapment?

Answer 14

1. Criminal design originated witht he police, and
2. defendant was not predisposed to commit crime before contact with police
   
   1. but, not when police merely provice the opportunity to commit crime

Question 15

The defense of duress is applicable to…

Answer 15

all crimes except intentional homicide.

Question 16

What are the elements of duress?

Answer 16

Defendant must show:

1. A reasonable belief that the action was necessary to avoid an imminent threatened harm,
2. a lack of other adequate means to avoid the threatened harm, and

a direct causal relationship that may be reasonably anticipated between the action taken and the avoidance of the harm.

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