Principles of Exculpation and Other Defenses

Question 1

Self-Defense (non-deadly force)

Answer 1

a victim may use non-deadly self-defense anytime the victim reasonably believes that force is about to be used on him

Question 2

Self-Defense (deadly force)

Answer 2

a-majority rule–a victim may use deadly force in self-defense anytime the victim reasonably believes that deadly force is about to be used on him
b-minority rule–a victim is required to retreat if it is safe to do so–if, but only if, the examiners tell you that you are in one of these so called “retreat” jurisdictions, there are 3 exceptions to that duty to retreat:
1-no duty to retreat from your home
2-no duty to retreat if you are the victim of a rape or robbery
3-police officers have no duty to retreat

Question 3

Original Aggressor and Self-Defense

Answer 3

a-to get back the defense of self-defense, the original aggressor must: i-withdraw, and ii-communicate that withdrawal
b-NOTE-if the victim of the initial aggression suddenly escalates a minor fight into one involving deadly force and does so without giving the aggressor the opportunity to withdraw, the original aggressor may use force in his own defense

Question 4

Defense of Others

Answer 4

a-rule-a defendant can raise a defense of others defense if he reasonably believes that the person assisted would have the right to use force in own defense
b-majority rule-there need not be a special relationship between defendant and the person in whose defense he acted

Question 5

Defense of a Dwelling

Answer 5

-rule-deadly force may never be used solely to defend your property

Question 6

Duress

Answer 6

1-rule-duress is a defense to a criminal act if: a-the person acts under the threat of imminent infliction of death or great bodily harm, and b-that belief is reasonable
2-threats to harm a 3rd person may also suffice to establish the defense of duress
3-NOTE-duress is a defense to all crimes except homicide

Question 7

Necessity

Answer 7

1-rule-conduct that would otherwise be criminal is justifiable if, as a result of pressure from natural forces, the defendant reasonably believes that his conduct was necessary to avoid a greater societal harm
2-NOTE-the necessity defense differs from duress because duress involves a human threat, and necessity involves pressure from natural forces

Question 8

Mistake of Fact

Answer 8

1-rule-mistake of fact is a defense only when the mistake negates intention
2-the mistake has to be reasonable to be a defense to a malice or general intent crime
3-BUT-on the bar exam-any mistake, no matter how ridiculous, is a defense if the defendant is charged w a specific intent crime
4-mistake of fact is NEVER a defense to strict liability crime

Question 9

Consent

Answer 9

-consent of the victim is generally no defense

Question 10

Entrapment (undercover police)

Answer 10

-entrapment is a valid defense only if: i- criminal design originated w/ police and ii-the defendant must not have been predisposed to commit the crime