Self Defense Flashcards
Elements of self defense
Justified in using a reasonable amount of force against an aggresor when he reasonably believes
(a) he is in immediate danger of unlawful bodily harm from his adversary
(b) the use of such force is necessary to avoid danger
Deadly v. non-deadly force
Non-deadly force - tp prevent any unlawful bodily harm (doesn’t have to be death or serious bodily injury)
Deadly force - only if it is to prevent death or serious bodily injury
(assuming elements of SD are satisfied - immediate danger + necessary to use force to prevent)
Officer sees D drinking. Asked to smell his breath, shook him, they fell to the ground, officer pistol whips D, D tries to keep officer’s gun pointed away from him, officer is threatening to shoot D, D punches officer.
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State v. Mulvihill
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Big Three
(1) Subjective belief - honest belief that SD is necessery
(2) Reasonable interpretation (objective)
(3) Proportional force - only as much force necessery to stop this attack and protect yourself
Non - Deadly Force
If he reasonably believes that the the other is about to inflict unlawful bodily injury
Deadly force
Justified if he reasonably believes that the other is about to inflict serious bodily harm or death and it was reasonable in light of the circumstances.
serious bodily harm - scarring, weaking of internal organs, serious broken bone etc.
Imperfect Self - Defense
Dude is coming to hit you with a stick - you shoot him.
honest BUT unreasonable belief that force is needed to protect from attack. (reasonableness issue).
Honest and reasonable but too much force used (proportion issue)
Drops to volantary manslaughter but not available in all circumstances.
Duty to retreat
Only applies when deadly force is used.
Was there a safe avenue of escape? and
is he conciously aware of such avenue?
Approx 35 states have eliminated it.
MPC - requires retreat if resorting to deadly force. HOwever, if at work at home, no duty to retreat.
Duty to retreat only applies when you killed someone
castle doctrine
self defense theory gives homeowner right to protect himself in his home.
A majority of duty to retreat states have implemented some statutory version of the castle doctrine.
If a D sucessfully presents a caste doctrine defense, then he is completely exonerated of any wrong doing.
if in save haven already, should be no DTR.
Kelly quotes
- “we do not mean that the expert’s testiomey can be used to show that it was understandable that a battered women would believe her life was in danger when it was not, and when a reasonable person would have not believed they were in danger, for admission for that purpose would clearly violate the rule set forth in State v. Bess”.
- Reasonable person in the circumstances - so the court said that her circumstances helps us to know what an ordinary person within her circumstances would see as reasonable.
- Broadest case for what is admissable
Garland - Husband and wife fight - they sleep in different rooms, she goes to her room, he follows her in, she shoots him.
D argument - I already retreated by going to my room.
P argurment - after going to her room, did she have an avenue of escape even though he was standing in front of the door?
minority rule - there is a duty to retreat when you are co- habitating.
Defense of property
What do courts usually ask??
Force LESS than deadly force to defend property.
Only as much force as is necessary to protect property
Expansive intepretation of this rule when there is a home invador.
- Always ask “ was the person defending property or themselves and family from immintent harm from the home invader”.
- Most courts say you are defending person so you can use deadly force.
- NO traps, spring guns. or the like beacuase you are not defending your person in your abscense.
Defense of others
Majority - Did the D make a reasonable judgement in using force to protect the victim from unlawful violence. Did D meet requirements of self defense?
NOTE - If third person is also the agressor or a felon resisting lawful arrest, and D reasonably but mistakenly uses force against victim to protect that third party, D may nonetheless claim justifcation of defense of others.
Minority - Reasonbleness is not an issue
D steps into the shoes of the person protected.
NOTE - if the person protected was first agressor, or failed to retreat when required, D has no defense even if he had no idea the person had no right to claim self - defense.
