Self-Defense and Necessity Flashcards
For self-defense must have honest and reasonable belief that __
(1) threatened with imminent unlawful force
(2) force used necessary to repel
(3) proportionate to threatened force
There is only a ____ for self - defense action meaning ___
brief window, no preemptory attacks or retaliation
Kelly facts
stabbed husband with scissors and killed him. husband periodically attacked and beat her so said she stabbed if because thought he would kill her if she didn’t act
Kelly holding
Court erred in excluding battered woman testimony
Under Kelly, self-defense exonerates person who kills in ___
honest and reasonable belief action necessary to prevent her death/injury even though belief later proven mistaken
Kelly does not require ___
actual necessity
The evidence should’ve been introduced in Kelly to support ___
honest belief of danger and reasonableness of that belief
Goetz facts
one of victims told D to give him $5 on the subway. White defendant shot 4 Black youths claiming he feared being maimed
Goetz says jury determination of reasonableness )
requires consideration of D’s circumstances (assailant movements and characteristics, D prior experience etc)
Norman facts
domestic abuse victim shots husband while sleeping, claimed threat imminent because in cycle of abuse
Norman holding
No self defense because threat not imminent
If someone is sleeping, self-defense ___
is not available
Ha facts
victim beat defendant severely but was stopped by bystanders. Victim returned later with a hammer and said would kill D. Later D got rifle and shot victim from behind while unaware
Ha says that __
even though RP in D position may fear death inevitable harm not the same as imminent harm
Ha holding
No self defense, threat not imminent
Ha says that ____ does not authorize ___
reasonable fear of future harm, person to hunt down and kill an enemy
Yaklich facts
hired hitman to kill husband while she was asleep because he was abusive and she lived in fear of death
Yaklich holding
self defense not available because not in imminent danger
Yaklich says self defense is __
not available in murder for hire cases
Peterson says ____ claim self defense
initial aggressor cannot
Initial aggressor right to self defense restored if (1) ___ (2) ___
makes good faith effort to withdraw from conflict, communicates that to adversary
Rules differ by jdx whether there is a duty to ___
retreat before acting violently in self-defense
Peterson facts
D saw victim stealing windshield wipers. got gun and warned victim to go away. Victim grabbed wrench and walked towards D. D shot and killed the victim
Ceballos facts
after previous burglary, D set up trap gun. Victim attempting burglary shot by trap gun
Ceballos holding
cannot claim self-defense
Ceballos reasoning
deadly mechanical devices are without mercy or discretion
Necessity requires ___ danger
clear and imminent
Necessity requires that there be no __
effective legal alternatives
Necessity requires that the D did not ___
create the situation
Necessity requires causal connection between ____ and __
illegal act, harm D seeking to avoid
Schoon facts
D entered IRS and protested US involvement in El Salvador. convicted for obstructing IRS activities and failing to comply with police orders
Schoon holding
necessity defense does not apply to indirect disobedience
Schoon says necessity is a utilitarian defense that ___
justifies criminal acts taken to avert a greater harm
Hutchins facts
D convicted of marijuana possession but had severe medical condition relieved by it
Hutchins holding
evidence didn’t sufficiently raise defense of necessity
Hutchins says that necessity applies in __ so __
limited scenarios, just because circumstances exist doesn’t mean defense automatically applies
First Q whether civil disobedience is ____
direct (law being broken one protested) or indirect
If law being broken not the law being protested then ___
no necessity defense
Second Q if civil disobedience direct then __
balance the harms (Harm seeking to avoid greater than harm caused by breaking the law)
Third Q if civil disobedience direct + harms balanced then ___
consider other factors
(1) clear and imminent danger
(2) causal connection illegal act and harm seeking to avoid
(3) No effective (Schoon says possible) legal alternatives
(4) Leg not decided the issue
(5) D not at fault
Contento-Pachon facts
D said only reason swallowed balloons filed with cocaine was because feared family would be killed if not
Contento-Pachon holding
Court could consider duress because credible evidence acted under immediate, inescapable threat
Elements of duress defense
(1) immediate threat of death/serious bodily injury
(2) well grounded fear threat will be carried out
(3) no reasonable opp to escape the threatened harm
