Self Defense

Question 1

Common Law Self Defense

Answer 1

Four Elements:
1. actual or apparent threat of deadly force or serious bodily harm
2. threat must be unlawful and immediate
3. defender must honestly believe that he is in imminent peril of death or serious bodily harm, AND his response must be necessary to save himself
4. belief must be objectively rsbl in light of surrounding circumstances

Question 2

Person Not-Eligible for Self Defense

Answer 2

1. Aggressors
2. Those at Fault

Question 3

Aggressors (CL)

Answer 3

1. one who provokes a conflict
2. one who is not free from fault in the difficulty
3. one who incites the fatal attack, encourages the fatal attack, or promotes necessitious occasion for taking life
4. one who commits an affirmative unlawful act reasonable calculated to produce an affray foreboding injurious or fatal consequences

Question 4

Aggressors (MPC)

Answer 4

one may not use deadly force who knows they can avoid the necessity of using such force by complying with a demand that he abstain from any action he has no duty to take
- less violent way of avoiding confrontation

Question 5

MPC Self Defense

Question 6

Regaining Right to Self Defense

Answer 6

an aggressor can regain the right to self defense if
1. he fully and completely withdraws from the conflict in good faith and so informs the other person by words or conduct, AND
2. v escalates force

Question 7

Retreat Rule

Answer 7

innocent person threatened by deadly force must retreat rather than use deadly force, if he knows he can safely retreat; cl/minority

Question 8

No Retreat Rule

Answer 8

non-aggressor may use deadly force must retreat rather than use deadly force, if he knows he can safely retreat

Question 9

MPC Retreat Rule

Answer 9

one may not use deadly force, if he knows that he can avoid the necessity of using such force with complete safety by retreating

Question 10

Castle Exception

Answer 10

one is attacked in his home or curtilage, he is under no duty to retreat, even if he knows he safely can; also applies to co-dwellers in most jurisdictions

Question 11

MPC Exception

Answer 11

innocent person is not obliged to retreat from his dwelling or place of work, unless he is assailed in his place of work by another person whose place of work the actor knows it to be

Question 12

Escalation of Force

Answer 12

if victim escalates to deadly force and d responds, they can regain self defense; a higher level of force may be used to defend oneself, if the aggressor escalates from non-deadly to deadly force

Question 13

Proportionality Requirement

Answer 13

deadly force cannot be used to repel non-deadly force

Question 14

CL Reasonable Belief

Answer 14

in order to use deadly force self-defense, the actor’s belief has to be objectively reasonable; all or nothing defense
- transferred intent
- actor exercising SD can take in account: knowledge about person, gender and size, and use of deadly weapon

Question 15

MPC Reasonable Belief

Answer 15

subjective standard: use is justifiable if actor belives deadly force is immediately necessary for the purpose of protecting himself against the unlawful force by such another person on the present occasion
- partial defense (mens rea)
- if D honestly believes SD is rsbl but belief is reckless or negligent

Question 16

actor using SD can take this into account

Answer 16

1. relevant knowledge of the person who attacked
2. physical attributes of all persons involved
3. any prior experience that could provide rsbl basis for belied the other person’s intentions were to injure