Self-Defense and Necessity

Question 1

For self-defense must have honest and reasonable belief that __

Answer 1

(1) threatened with imminent unlawful force
(2) force used necessary to repel
(3) proportionate to threatened force

Question 2

There is only a ____ for self - defense action meaning ___

Answer 2

brief window, no preemptory attacks or retaliation

Question 3

Kelly facts

Answer 3

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

Question 4

Kelly holding

Answer 4

Court erred in excluding battered woman testimony

Question 5

Under Kelly, self-defense exonerates person who kills in ___

Answer 5

honest and reasonable belief action necessary to prevent her death/injury even though belief later proven mistaken

Question 6

Kelly does not require ___

Answer 6

actual necessity

Question 7

The evidence should’ve been introduced in Kelly to support ___

Answer 7

honest belief of danger and reasonableness of that belief

Question 8

Goetz facts

Answer 8

one of victims told D to give him $5 on the subway. White defendant shot 4 Black youths claiming he feared being maimed

Question 9

Goetz says jury determination of reasonableness )

Answer 9

requires consideration of D’s circumstances (assailant movements and characteristics, D prior experience etc)

Question 10

Norman facts

Answer 10

domestic abuse victim shots husband while sleeping, claimed threat imminent because in cycle of abuse

Question 11

Norman holding

Answer 11

No self defense because threat not imminent

Question 12

If someone is sleeping, self-defense ___

Answer 12

is not available

Question 13

Ha facts

Answer 13

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

Question 14

Ha says that __

Answer 14

even though RP in D position may fear death inevitable harm not the same as imminent harm

Question 15

Ha holding

Answer 15

No self defense, threat not imminent

Question 16

Ha says that ____ does not authorize ___

Answer 16

reasonable fear of future harm, person to hunt down and kill an enemy

Question 17

Yaklich facts

Answer 17

hired hitman to kill husband while she was asleep because he was abusive and she lived in fear of death

Question 18

Yaklich holding

Answer 18

self defense not available because not in imminent danger

Question 19

Yaklich says self defense is __

Answer 19

not available in murder for hire cases

Question 20

Peterson says ____ claim self defense

Answer 20

initial aggressor cannot

Question 21

Initial aggressor right to self defense restored if (1) ___ (2) ___

Answer 21

makes good faith effort to withdraw from conflict, communicates that to adversary

Question 22

Rules differ by jdx whether there is a duty to ___

Answer 22

retreat before acting violently in self-defense

Question 23

Peterson facts

Answer 23

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

Question 24

Ceballos facts

Answer 24

after previous burglary, D set up trap gun. Victim attempting burglary shot by trap gun

Question 25

Ceballos holding

Answer 25

cannot claim self-defense

Question 26

Ceballos reasoning

Answer 26

deadly mechanical devices are without mercy or discretion

Question 27

Necessity requires ___ danger

Answer 27

clear and imminent

Question 28

Necessity requires that there be no __

Answer 28

effective legal alternatives

Question 29

Necessity requires that the D did not ___

Answer 29

create the situation

Question 30

Necessity requires causal connection between ____ and __

Answer 30

illegal act, harm D seeking to avoid

Question 31

Schoon facts

Answer 31

D entered IRS and protested US involvement in El Salvador. convicted for obstructing IRS activities and failing to comply with police orders

Question 32

Schoon holding

Answer 32

necessity defense does not apply to indirect disobedience

Question 33

Schoon says necessity is a utilitarian defense that ___

Answer 33

justifies criminal acts taken to avert a greater harm

Question 34

Hutchins facts

Answer 34

D convicted of marijuana possession but had severe medical condition relieved by it

Question 35

Hutchins holding

Answer 35

evidence didn’t sufficiently raise defense of necessity

Question 36

Hutchins says that necessity applies in __ so __

Answer 36

limited scenarios, just because circumstances exist doesn’t mean defense automatically applies

Question 37

First Q whether civil disobedience is ____

Answer 37

direct (law being broken one protested) or indirect

Question 38

If law being broken not the law being protested then ___

Answer 38

no necessity defense

Question 39

Second Q if civil disobedience direct then __

Answer 39

balance the harms (Harm seeking to avoid greater than harm caused by breaking the law)

Question 40

Third Q if civil disobedience direct + harms balanced then ___

Answer 40

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

Question 41

Contento-Pachon facts

Answer 41

D said only reason swallowed balloons filed with cocaine was because feared family would be killed if not

Question 42

Contento-Pachon holding

Answer 42

Court could consider duress because credible evidence acted under immediate, inescapable threat

Question 43

Elements of duress defense

Answer 43

(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