Self-Defense Flashcards
The prosecution must prove their case (including mens rea and actus reus) before self-defense is a concern
true
What is the difference in a justification and an excuse?
Justification=the person had a right to commit the act (this was the right thing to do - D is responsible but the act wasn’t wrong)
Excuse=the act was wrong under the circumstances but D is forgivable for having done it (Act was wrong but id is not responsible)
When can someone use deadly force in self-defense?
- They reasonably believe
- deadly force is necessary
- to prevent imminent
- death or serious bodily injury
- to themselves or a third party
What are the majority and minority rules for first aggressors?
Majority=first aggressors can never invoke self-defense
Minority=first aggressors can establish self defense if non-deadly aggression is met with deadly self-defense
Juries often nullify on self-defense standards
True
What does the duty to retreat rule require?
If outside the home, and using deadly force, if D subjectively knows that he can retreat with absolute certainty in total safety
Must you retreat in a duty to retreat state if attacked with deadly force inside the home?
No - the castle exception applies
When is deadly defense of the home allowed under the Ceballos rule?
Only when the killing is justifiable to prevent homicide or when force is necessary to commit some other forceful felony
When is deadly defense of the home allowed under the Colorado Rule?
Deadly defense of the home is only justified when the occupant had reasonable believe that the intruder has committed or intends to commit another crime AND might use physical force (no matter how slight) against the occupant
When is deadly defense of the home allowed under the FL/CA rule?
An occupant using deadly defensive force is presumed to have reasonable fear of imminent death or great bodily injury if the intruder had or was in the process of entering forcefully
When can you use deadly force in defense of property?
You can’t
