Self-Defense

Question 1

S.D. w/Force Threat Death or Serious Bodily Harm Prima Facie

Answer 1

Must Reasonably Believe;

1. Other about to inflict death or serious bodily harm, AND
2. Threat is immediate, AND
3. Does not have to retreat if:
   (a) In own dwelling place
   (b) He could attempt a lawful arrest
4. CANNOT use that kind of force if:
   (a) Not in dwelling place
   (b) Can give up a privilege other than above points

Question 2

Courvoisier (1896): Adequate reason to believe in immediate perl.

Answer 2

Court ruled store owner had adequate reason to believe his life was in peril b/c unidentified officer was approaching from mob-like crowd which was attacking him, with hand hid, to use retaliatory self-defense.

Question 3

S.D. by Force NOT Threat Death or Serious Harm Prima Facie

Answer 3

S.D. Force Must Be:
1. Unprivileged Harmful Contact
2. Reasonably Equal Force of S.D.
3. Reasonable Belief Threat is Immediate
May Defend Even If:
1. Possible to retreat and give up right and privilege

Question 4

Def.Possession by Force Not Threat Death/Serious Harm Prima Facie

Answer 4

(a) Reasonable Believes Equal Force is Necessary
(b) Unprivileged Intrusion by Other
(c) Has asked intruder to stop OR believes asking would be useless

Question 5

Def.Possession by Force Threat Death/Serious Harm Prima Facie

Answer 5

(a) Reasonably Believes in Peril or Third Party within Responsibility
(b) Uses Reasonable Equal Force

Question 6

Katko (’71): If you’re not present during intrusion, you can’t use deadly force

Answer 6

Court rules that Katko is liable for injuries to intruder an auto-self-propelled shotgun, recklessly aimed with intent to harm during intrusion of abandoned property.