Self Defense

Question 1

Types of defenses

Answer 1

1. Raise a reasonable doubt whether P has proven one or more elements.
   - Must establish guilt beyond a reasonable doubt and every element of the statute must be establish reasonable beyond doubt. If the jury fits any doubt in any of the elements, the jury must acquit. The is the most common defense.
2. Justifications- There are many times then the defendant has the actus reas and mens rea necessary to commit a crime, but there is the self-defense doctrine that establishes that injury to the unlawful aggressor is ok when your own life is in imminent danger
3. Excuse- Doesn’t say crime is justified, but if you truly meet requirements of an excuse (insanity)

Question 2

Who has to prove what when it comes to defenses?

Answer 2

• Affirmative defenses- Defense has to prove

- Other defenses- prosecutions burden to prove beyond reasonable doubt that it’s not a self-defense case

Question 3

Self Defense MPC

Answer 3

-Mostly arises in cases of homicide
RULE: Deadly force in response to an aggression only if the defendant believed the force was proportionate response to the offender
-The law of self-defense is the law of necessity; the right of self-defense arises only when the necessity begins, and equally ends with the necessity
- MAIN POINT IS NECESSITY. Once necessity has passed, once the danger has gone, self defense can no longer be used as an excuse.

Question 4

When can you use deadly force?

Answer 4

• There must have been a threat , actual or apparent, of the use of deadly force against the defender
• There must have been unlawful and immediate danger
• The defender must have believed that he was an imminent peril of death of serious bodily harm- exceptions: abuse victims who kill when they are not beaten at that moment
• His was response was necessary to save himself there from
• Reasonable in the light of the surrounding circumstances
• No less than a concurrence of these elements will suffice

Question 5

One may use deadly force when:

Answer 5

1- actually and reasonably believes that another person is about to use imminent deadly force on him
2.actually and reasonably believes that is necessary for him to use deadly force in orca to defend himself.

Question 6

“Reasonableness” of belief

Answer 6

• Physical movements of the potential assailant
• any relevant knowledge the defendant had about the person
• the physical attributes of all persons involved, including the defendant
• any prior exigences the defendant had which could provide a reasonable basis for a belief that another person’s intentions were to injure or rob him him or that the use of deadly force was necessary under the circumstances

fear must be objective

Question 7

Self Defense (CL)

Answer 7

Common law rule: a non-aggressor is justified in using force upon another person , (an act that might otherwise constitute a crime - an assault) if he reasonably believed such force was necessary to protect him from the imminent use of unlawful force by another
- Force must be proportionate to propel or protect against the force used by the offender

Question 8

When can a person use deadly force

Answer 8

A person may not use deadly physical force upon another person under circumstances specified in subdivision one unless

(a) He reasonably believes that such other person is using or about to use deadly physical force . . . or
(b) He reasonably believes that such other person is committing or attempting to commit a kidnapping, forcible rape, forcible sodomy or robbery”

Question 9

Imminent Threat

Answer 9

An IMMEDIATE danger, such as must be IMMEDIATELY met.