Self-Defense

Question 1

Self-Defense Rule

Answer 1

i. Defendant must have honest and reasonable belief that
- Threatened with imminent threat or unlawful force
- Force used was necessary and proportionate

What is reasonable belief?

• this depends on which characteristics of the defendant are taken into account when assessing reasonableness
• a reasonable person is taken as a reasonable person with the same characteristics of the defendant, life experiences of the defendant, and the same knowledge of the defendant

ii.Defendant must not have been the initial aggressor

Question 2

Self-Defense Issues

Answer 2

i. Aggressor status
- Initial aggressor may not be able to use force

ii. Imminence
- Can’t be for a future threat

iii. Proportionality
- Consider size of parties and weapons

iv. Duty to Retreat if safe: Cannot harm in self-defense if the option to safely retreat exists
- Common law/minority: duty to retreat (if safe), cannot be initial aggressor, not applicable to defending against a crime
- Modern majority: no duty to retreat (even if safe), cannot be initial aggressor, in many states, allowed to defend against a crime
- Even where duty to retreat, not in your home (Castle Doctrine)

Question 3

Stand Your Ground (Majority)

Answer 3

Allows resisting with force even if the option to retreat exists. A person has the right to use deadly force if:

1. They reasonably believe the force is necessary to
   - Prevent imminent death or physical harm to themselves, or
   - To another, or
2. To stop the commission of a felony act

Question 4

Types of Defenses

Answer 4

1. Justification: You did the right thing (Self-defense)
2. Excuse: You’re not as blameworthy (Insanity)
3. Partial: Guilty of less serious crime (Provocation)
4. Complete: Not guilty of any crime (Self-defense is a complete defense)

Question 5

Reasonability

Answer 5

Based on an objective standard

Question 6

Battered Woman Syndrome

Answer 6

State v. Stewart:

• D finally kills her husband who was extremely abusive, in his sleep.
• Rule: in order to assert self-defense based on battered woman’s syndrome, the threat she is facing must be imminent or else the defense will not be applicable