Principles of Exculpation and Other Defenses Flashcards
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
Minority Rule: A victim is required to do what before using deadly force?
Retreat if safe to do so.
Majority or minority rule? A victim is required to retreat (if safe) before using deadly force.
Minority
Three exceptions to the minority rule of retreat?
No duty to retreat from your home
No duty to retreat if you are the victim of rape or robbery
No duty to retreat for police officers
To get back the defense of self-defense, the original aggressor must do these two things . . .
W/D, and
Communicate the W/D.
If this victim of the initial aggression escalates a minor fight into one involving deadly force and does so w/o giving the aggressor the opportunity to W/D, can the aggressor use force in his own defense? Deadly force?
Yes and yes, if reasonable.
Does defense of others require a special relationship between D and the person in whose defense he acted?
no
Deadly force may never be used soley to defend what?
Property
Duress is a defense to a criminal act if these two things are true. . .
The person acts under the threat of imminent infliction of death or great bodily harm; AND
That belief is reasonable
Duress is a defense to all crimes except . . .
Homicide.
T or F? Threats of harm to a 3rd person are not enough to establish duress as a defense.
False
How does necessity differ from duress?
Duress involves a human threat, whereas necessity involves pressure from natural forces.
Mistake of Fact is a defense ONLY when the mistake does what?
Negates intention
To use mistake of fact as a defense to a malice or general intent crime, what must be true of the mistake?
It must be reasonable
On the MBE, any mistake, no matter how ridiculous, is a defense is D is charged with what?
SI Crime.
