Self-Defense

Question 1

Elements of Perfect Self-Defense

Answer 1

1. Honest (Actual, subjective) and
2. Objectively reasonable belief (most jx) that,
3. An imminent threat
4. Necessitates force (or deadly force, if threat is of death or serious bodily injury) to repel it and
5. Safe retreat is not possible or legally required
   Defense must be necessary (couldn’t escape) and that it was proportionate to the intrusion he faced (threatened injury was serious enough to warrant deadly force)

Question 2

Courts’ View on Escalation

Answer 2

The law permits a person who is the target of an unlawful attack to respond with defensive force
The law does not permit the original aggressor to respond to that use of defensive force by the target with defensive force of their own
If the original unlawful aggressor attacks the victim using non-deadly force and the victim escalates the situation by responding with deadly force, the original aggressor is now permitted to respond to that deadly force. Unjustified escalation makes the original victim the aggressor

Question 3

Imminent Threat

Answer 3

Immediate danger, such as must be instantly met, such as cannot be guarded against by calling for the assistance of others or the protection of the law. Defensive force is only privileged if prospective and designed to repel an imminent or ongoing attack.

Question 4

Imminent Threat for Deadly Self-Defense

Answer 4

1. The right to kill in self-defense is based on the necessity, real or reasonably apparent, of killing an unlawful aggressor to save oneself from imminent death or great bodily harm
2. Defendants are required to show that they killed due to a reasonable belief that death or great bodily harm was imminent can the justification for homicide remain clearly and firmly rooted in necessity
3. For a killing to be in self-defense, the perceived necessity must arise from a reasonable fear of imminent death or great bodily harm

Question 5

Necessity Element of Self-Defense

Answer 5

If target of aggressive force can repel the attack w/o resorting to deadly force, safely and reasonably then she is required to avail herself of that opportunity

Question 6

Duty to Retreat

Answer 6

If the target of the attack can safely retreat from the attack and avoid the necessity of using lethal force, the target is legally required to do so

Question 7

Castle Doctrine (Defense)

Answer 7

Homeowner not required to retreat if necessity standard is met. (excluding surrounding land)
One who is attacked in his dwelling is never required to retreat where it is otherwise necessary to exercise deadly force in self defense
Castle doctrine permits one who is within his dwelling to exercise deadly force even if an avenue of safer retreat is available, as long as it’s reasonably necessary to exercise deadly force
Castle doctrine applies solely to the dwelling and its attached appurtenances, does not apply to open areas in the curtilage that are not part of a dwelling

Question 8

“Stand your ground” Statutes

Answer 8

Repeals duty to retreat as long as actor who deploys defensive force was lawfully in that location

Question 9

When was it not Self-Defense?

Answer 9

1. The initial aggressor in a fatal conflict may not invoke the doctrine of self-defense to justify killing his adversary, unless he withdrew from the conflict in good faith and communicated his withdrawal by words or acts.
2. The initial aggressor in a fatal conflict is under a duty to retreat, if he may do so safely, before using deadly force in self-defense.

Question 10

Reasonable Belief for Self-Defense

Answer 10

1. D must sincerely believe that he faces a threat of death or severe bodily injury or sexual assault and that lethal force was necessary to repel the threat [must be objectively reasonable]
2. A person is justified in using deadly force in self-defense or defense of another only if she objectively and reasonably believes an attacker is either (1) using or about to use deadly force or (2) committing or attempting to commit a kidnapping, forcible rape/sodomy, or robbery.

Question 11

Elements of Imperfect Self-Defense

Answer 11

1. Honest, (Actual Subjective) but
2. Objectively UNREASONABLE belief that,
3. An imminent threat
4. Necessitates deadly force to repel it, and
5. Safe retreat is not believed to be possible or would not be legally required then