Defenses

Question 1

Duress

MPC §2.09

Answer 1

1. Threat of unlawful force to D or another
2. Person of reasonable firmness in situation would have been unable to resist
3. Not reckless for being in situation in which threat was faced
   
   • If a negligence offense and D was negligent, duress is unavailable (§2.09(2))

Question 2

Duress

Takeaway from Williams helped burglary

Answer 2

No duress defense because by borrowing money from criminals, he recklessly put himself into the situation

Question 3

Necessity

What is the standard test for necessity?

Answer 3

1. Reasonable belief that criminal act is being done to prevent a significant evil
2. Reasonable belief that there is no adequate alternative to committing the crime
3. Harm caused not disproportionately greater than harm avoided

Question 4

Necessity

Takeaway from Muller the protester

Answer 4

Necessity defense failed bc Muller did not have reasonable belief that action would stop the war

Question 5

Duress v. Necessity

Source of the harm?

Answer 5

Necessity = natural forces
Duress = 3d party bad actor
(blurred by MPC)

Question 6

Duress v. Necessity

Source of the idea for the offense?

Answer 6

Necessity = D came up with idea himself
Duress = Someone else told D what to do

Question 7

Duress v. Necessity

Was crime done to promote general welfare?

Answer 7

Necessity = Yes
Duress = No

Question 8

Duress v. Necessity

What is the lesser evil/harm?

Answer 8

1. Human life is always valued above money and property
2. Courts generally resist weighing the value of one life against another

Question 9

Duress v. Necessity

Common law for intentional homicide

Answer 9

Duress and necessity are not available as defenses to intentional homicides
* Duress or necessity may provide defense against involuntary manslaughter (reckless manslaugher) and negligent homicide

Question 10

Duress v. Necessity

MPC for intentional homicide

Answer 10

Duress and necessity are generally applicable (even in cases where D is charged with murder)

Question 11

Self-Defense

Takeaway from Biggs

Answer 11

Court held that elements of self-defense are
1. A reasonable belief that use of force was necessary to defend self against immediate use of unlawful force
2. Use of no more force than reasonably necessary in the circumstances

Question 12

Self-Defense

Takeaway from Dykes - use this test to determine if self-defense can be used

Answer 12

Use this test when figuring out when to use
1. Reasonable grounds of imminent or immediate danger of death or serious bodily harm
2. Actual belief in danger
3. Cannot be agressor
4. Force used in defense cannot be unreasonable or excessive

Question 13

Self-Defense

Common law approach to mistake of fact

Answer 13

1. Full defense if mistake is reasonable
2. Partial defense if mistake is unreasonable - imperfect and reduces to lesser included offense

Question 14

Self-Defense

MPC approach to mistake of fact

Answer 14

§§3.04(2)(b) and 3.09(2)
1. If mistaken belief is reckless, then can be convicted of manslaughter §210.3(1)(a)
2. If mistaken belief is negligent, then can be convicted under §210.4

Question 15

Self-Defense

Goetz historical approaches to mistake of fact

Answer 15

NY Penal Law in 1909
* Only available if defense is actually necessary
NY Penal Law in 1965
* Available if you are mistaken - but must be reasonable taking into account experiences, size, strength, etc.

Question 16

Retreat

What is the general rule for retreat?

Answer 16

Must retreat before using deadly force if he can do so w/ complete safety
* Can punch someone without retreating, cannot shoot someone without retreating if possible
* MPC 3.04(3)(b)(ii) & 3.05(2)(a)

Question 17

Retreat

What is the castle rule?

Answer 17

A narrow exception to duty to retreat; D does not have to retreat from own home
* MPC 3.04(2)(b)(ii)(A)

Question 18

Retreat

MPC §3.04(2)(b)

Answer 18

If charged with murder or attempted, need only show that
1. Believed that the use of deadly force was necessary to prevent imminent threat
2. Was necessary to protect themself
3. Against death, serious bodily injury, kidnapping or sexual intercourse”

Question 19

Retreat

Initial agressor rule

Answer 19

Exception to the exception:
1. If D was initial aggressor
2. D must retreat (even from home)
* MPC3.04(2)(b)(ii)(A)

Question 20

Retreat

Takeaway from Garland

Answer 20

Spouse had a duty to retreat from her husband unless she could show that her room constituted a separate dwelling over which she had exclusive control

Question 21

Retreat

Rules for Battered Spouse Syndrome

Answer 21

Evidence admissible to show reasonableness of belief regarding whether:
1. Attack w/ deadly force was imminent
2. Deadly force was necessary
3. Amount of force was reasonable

Question 22

Retreat

How do stand your ground laws work?

Answer 22

Extends castle doctrine to everywhere - entirely removes the common law duty to retreat
* If D is initial aggressor, may not rely on SYG

Question 23

Retreat

Takeaway from Mobley

Answer 23

Fight in parking lot, D believed one of the victims was reaching under his shirt for a weapn - permitted to meet force w/ force under stand your ground statute