Self-Defense

Question 1

Elements of Self-Defense

Answer 1

The defendant can use physical force against another only if the defendant reasonably believes the use of force is necessary to defend himself, someone else, or property against unlawful physical force:

 (1) Use of force is necessary
 (2) Not disproportionate to the threat

Question 2

Courvoisier v. Raymond

Answer 2

Facts: Robbers showed up to plaintiff’s home (above Jewelers) in the night. Officer then showed up, identified himself, and was shot by plaintiff.

Holdings:
- If defendant’s fears are reasonable, and they acted reasonably, they can justify shooting an innocent person in self-defense.

Question 3

Reasonableness Standard

Answer 3

• “Detached reflection cannot be demanded in the presence of an uplifted knife.”
• Trier of fact must pass judgement on reasonableness.
• Reasonableness may include factors affecting faceless group of people to which defendant belongs.

Question 4

Katko v. Briney

Answer 4

Facts: Defendant placed trap gun in house. Intruder was permanently disabled.

Holdings:

• Cannot use deadly force to prevent trespass or theft.
• Because owners weren’t entitled to use force, gun is also not permitted.