Self-Defense Flashcards
What justifies the use of reasonable force in self-defense?
One who is not the aggressor is justified in using reasonable force against his adversary when he reasonably believes that (1) he is in immediate danger of unlawful bodily harm from his adversary; and (2) the use of force is necessary to avoid that danger.
What is the rule for non-deadly force in self-defense under common law?
An actor is permitted to use non-deadly force in self-defense if they reasonably believe that the other is about to inflict unlawful bodily harm upon them AND believes it is necessary to use such force to prevent the harm from being inflicted.
What does MPC 3.04(1) state about justifiable use of force?
The use of force upon or toward another person is justifiable when the actor believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force by such other person on the present occasion.
When can deadly force be used under common law?
An actor is permitted to use deadly force if they reasonably believe that the other is about to inflict death or serious bodily harm upon them AND believes it is necessary to use such force to prevent the harm from being inflicted.
What are the conditions for justifiable deadly force under the MPC?
The use of deadly force is not justifiable under the MPC unless the actor believes that such force is necessary to protect himself against death, serious bodily injury, kidnapping or sexual intercourse compelled by force or threat.
What is required for a reasonable belief in self-defense?
The defendant must have an actual belief that he faces danger of harm and that belief must be reasonable in light of the defendant’s circumstances.
What are the exceptions for an initial aggressor’s right to self-defense?
A person who is the initial aggressor generally cannot use force in self-defense except (1) a non-deadly aggressor who is met with deadly force may justifiably defend himself; (2) an aggressor who has withdrawn from further contact with the victim has a right of self-defense.
What is the duty-to-retreat jurisdiction?
Requires an actor to retreat if reasonably safe to do so before using deadly force in self-defense, with exceptions for the Castle Doctrine.
What is the no-duty-to-retreat jurisdiction?
Do not require an actor to retreat before using deadly force.
What is the Stand-Your-Ground Doctrine?
Creates a presumption that a person was justified in using deadly force if the actor used deadly force against an attack in the actor’s own home.
What is imperfect self-defense?
When an actor uses deadly force based on an honest but unreasonable belief that they must defend themselves, some jurisdictions reduce the charge from murder to manslaughter.
What is the general rule for self-defense against law enforcement?
An actor may not use force to defend themselves against the police, even if the police are using unlawful force, except when the police are using excessive force.
What are the limitations for using force against police?
The actor cannot use greater force than reasonably necessary and must submit to arrest if the police will cease their use of excessive force upon submission.
