Defenses Flashcards
Self Defenses: Common law definition
A non-aggressor is justified in using force against an aggressor if he reasonably believes such force is necessary to protect himself from imminent use of unlawful force by the other person, and such force is proportional to the threat.
Self Defense: MPC definition
3.04(1)
A person is justified in using force upon another when the person believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force by such other person on the present occasion. Subject to 3.09.
(2)b deadly / serious force is not allowed unless actor believes such force is necessary to prevent deadly / serious injury to self.
Self defense: components (both MPC and CL)
- Necessity
- Imminency
- Proportionality
- Reasonable belief
Self Defense: Necessity question
“was the use of force necessary to prevent harm to self?”
Self Defense: Necessity — CL retreat doctrine
Stand Your Ground (majority) = justified in deadly force if you reasonably believe that using this force is necessary to prevent imminent death or great bodily harm or to prevent the imminent commission of a forcible felony.
Retreat To The Wall (minority) = you have to retreat until you cannot anymore, then you can use deadly force. Until your back is against the wall.
Exceptions: if you cannot retreat safely (don’t want to make it worse); castle doctrine (can use force to defend your home, don’t have to retreat)
Self Defense: Necessity — MPC Retreat doctrine
2.04(2)(b)(ii)
Cannot use deadly force if actor knows he can avoid the necessity of using such force with complete safety by retreating except that
(1) actos not obligated to retreat from his dwelling or place of work, unless he was the initial aggressor or is assailed in his place of work by another person whose place of work it is.
(doesn’t include home due to domestic violence concerns)
Self Defense: imminency question
“was the threat of harm sufficiently imminent when force was used?”
Self defense: imminency MPC & CL differences
CL = threat of force has to be really imminent. JUST about to happen and actor uses force to repel it.
MPC = Immediately necessary for the purpose of protecting himself.
Doesn’t have to be as imminent.
Just has to be in the last chance or else it’s too late.
Self defense: proportionality
“Did the level of force used correspond with the level of harm threatened?”
Deadly force may not be used to repel a non deadly attack, even if it is the only way to avoid injury.
Self defense: Reasonable belief question
“Did the defendant believe force was necessary to repel an imminent unlawful attack?”
Self defense: reasonable belief — Common Law
- Whether an actor’s belief was genuinely held (subjective) AND
- Whether a reasonable person in the actors situation would have held that belief (objective)
Self defense: reasonable belief — MPC
Subject to provisions of 3.09
A person is justified “when the person believes that such force is immediately necessary”
NOT wholly subjective bc sub to 3.09 -> 3.09 tells us that self defense is not available when the belief is erroneous or when the actor is reckless or negligent in having such a belief.
So reasonableness is implicitly required inside a mens rea terms of recklessness or negligence.
Self defense: does MPC permit self defense when bystander is injured?
3.09(3)
Justification of self defense is unavailable when actor is justified but recklessly or negligently injures innocent persons.
Self Defense: reasonable belief — mistake
A belief about the necessity of using force to protect oneself from an imminent unlawful act can be considered reasonable even if it turns out to be incorrect.
Self defense: Domestic abuse difficulties with self defense
Proportionality requirement - maybe a proportional amount of force to a mans first is something more significant for an undersized woman. A bat? a gun?
Retreat rules — may lead to more vulnerability.
Battered Wife Syndrome (reasonable belief and imminency)
Self Defense: Battered Wife Syndrome
A concept of learned helplessness though cycles of abuse.
Jurisdictions split on whether to allow evidence of battered wife for non-confrontational homicides.
Majority (Norman) = to allow a battered wife syndrome defendant to use self defense in a non-confrontational crime creates a slippery slope of “homicidal self help”
Steven Morse thoughts = to protect Judy (Norman), the law might permit a broader, private preemptive response to danger, justified by the danger and lack of reasonable alternatives.
Defense of Others: In General
A person is justified in using force to protect a third party to the extent the third party would be justified in using force to protect themselves.
Requires all of the same elements of self defense
Defense of Others: Mistakes
- Alter Ego Rule (CL, minority) = a person who comes to the aid f another is placed in the shoes of the individual for whom she was providing assistance (CAREFUL OF LAWFUL/UNLAWFUL).
- Reasonable Belief (CL, majority) = if someone acts on the basis of a reasonable belief, the defense applies.
- MPC 3.05 = even if wrong, can still raise defense as long as the belief was not negligent or reckless.
Defense of Habitation: Generally
When a person uses force to prevent an intruder from unlawfully. entering their home.
Separate from defense of property. This is defense of the home (and its occupants).
