W3 - Justification and Excuse Flashcards
What defines self defence?
The law privileges an act of defensive force that would otherwise constitute a crime
Therefore, lethal force may be permitted to repulse lethal force
What standard is self defence based upon?
A reasonable/objective standard
Is a reasonable belief in harm sufficient?
No. The threat must be imminent (Common law) or immediate (MPC)
After Tom punches Jerry and walks away, Jerry is knocked to the floor, gets back on his feet, and punches Tom. Can Jerry claim self defence?
Probably not. because Tom walked away after the single threat, the imminent harm has ended.
What is the ‘Castle Doctrine”? What is it based upon?
If an attack is happening within the victim’s house, the victim is allowed to use lethal force to repel non-lethal force. This is based upon the idea that there is no safer place to retreat to.
What are the 2 ways different jurisdictions deal with imperfect self-defence?
In some jurisdictions, it is a binary decision. Either the defendant is justified or not. If justified, then they should be acquitted. If not then they should be convicted as if the self defence claim had not be raised at all.
Other jurisdictions recognize an imperfect self defence. This would downgrade the charge (ex. Form murder to manslaughter).
What are the 6 elements of necessity?
The defendant was under and unlawful, imminent, and impending threat of death or serious bodily injury
That the defendant did not recklessly engager themself
The defendant had no legal alternative to violating the law
That a direct causal relationship may be reasonably anticipated between criminal action and avoidance of the harm
That the defendant did not maintain the illegal conduct longer than was necessary
In common law, is necessity a defence for murder?
No
What does the MPC replace the imminence requirement for self defence? What does it mean?
immediately necessary. It asks about the last opportunity to avert the threat. They are more forgiving for slowly developing threats
one cannot claim self defence if___
they are the initial agressor
Under common law, if the defendant could ___ then they canny claim self defence
safely retreat
The exception for the duty to retreat is the___
castle doctorine
Johnny is being chased by a mugger, and he can only retreat through an ally full of sharp glass. Does Johnny have a duty to retreat?
Probably not. Retreat is not required if that act would also imperil the defendant.
Dilbert shoves Henry, and Henry produces a gun and shoots at Dilbert. Dilbert in turn shoots and hits Henry. Who can claim self defence?
Dilbert. Despite being the initial aggressor, because Henry responded to not-lethal force with lethal force, the initial aggressor “re-set”, and Dilbert was justified in responding to henry’s lethal force with proportional lethal force.
