Self Defense

Question 1

self defense - broad defintion

Answer 1

a person is justified in using deadly force against another person if he is not the aggressor, and he reasonably believes that such force is necessary to repel the imminent use of unlawful deadly force by another person

Question 2

common law self defense

Answer 2

elements: threat of deadly force, threat is unlawful and eminent, d reasonably believes force is necessary to prevent death or serious bodily injury

cannot be initial aggressor

three components: necessity, proportionality, reasonable belief

Question 3

MPC take on imminency req

Answer 3

a person is justified in using force when it is immediately necessary to protect oneself
- focus is on the non aggressor and need to protect oneself
in other words, THE MPC DOES NOT FOCUS ON THE IMMEDIACY OF THE ATTACK, BUT RATHER ON HOW SOON THE NON AGGRESSOR NEEDS TO USE FORCE TO PROTECT HERSELF
- the unalwful harm need not be imminent or immediate but hte necesity for using force against the threatened msut be immediate
now or never

Question 4

common law retreat rule

Answer 4

retreat to the wall

• duty to retreat
• before a person can use force to defend oneself, one must be backed against the wall with no opportunity to get to safety/avoid harm; this idea of literally and figuratively being backed against the wall

Question 5

MPC retreat rule

Answer 5

inquiry is whether the person knows he could have retreated with complete safety or not

Question 6

common law castle doctrine

Answer 6

if you are in your own home, you do not have a duty to retreat

note: proportionality still applies

Question 7

mpc castle doctrine

Answer 7

broader in that it does not limit you to your own home- incldue any space you own or have legal rights to be

Question 8

reasonableness of belief common law

Answer 8

belief must be reaosnable and honest
- an honest but mistaken reasaonable belief that force is necessary can be justifiable
- mistake of law will not suffice (repealed statute)
unreasonable mistake under traditional CL causes def to lose self defense claim completely- a moder approach via statute or case law is to reduce killing from murder to manslaughter called imperfect self defense

Question 9

reasonableness of the belief

mpc minority position

Answer 9

requires only that belief be honest

no mention of reasonableness

however- if d is reckless or negligent in reagard to the facts that cause the d to believe deadly force is necessary, he cannot claim self defense charges against reckelss or neg mesn rea

(for example depraved heart or manslaughter etc)

Question 10

stand your ground laws

Answer 10

• -> no duty to retreat and right to stand ground
• if not engaged in criminal activity and is in a place where he or she has a right to be

a person is presumed to have reaosnable fear of imminent death
presumption does not apply if person has right to be there

person unlawfully entering is presumed to be doing so with the intent to commit an unlawful act involving force or violence