Module 11

Question 0

Is it ever reasonable to use deadly force against a non-deadly attack?

Answer 0

No

Question 1

What is self-defense?

Answer 1

someone that is not the aggressor in an encounter, is justified in using a reasonable amount of force against his adversary when he reasonably believes:

1. That he is in immediate danger of unlawful bodily harm, and
2. That the use of such force is necessary to avoid the danger

Question 2

If what you have done is reasonable, self defense is a complete defense to what crimes?

Answer 2

Murder, manslaughter, attempted murder, assault and battery, aggravated assault and battery, and some others

Question 3

In order for you to use force in self-defense, the defendants force or belief of such force must be what?

Answer 3

Unlawful (it must be a crime or tort)

Question 4

If you consent to force, can you use self-defense as an excuse to defend yourself?

Answer 4

No

Question 5

What is deadly force?

Answer 5

Force that its users uses with the intent to cause death or serious GBI to another, or that he knows created substantial risk of death or GBI to another ie) firing at someone with the intent to kill

Question 6

If you fire at someone intending to kill them, and you miss or just cause bodily harm, is that considered deadly force?

Answer 6

Yes

Question 7

When is it justifiable to use deadly force in self-defense?

Answer 7

When you reasonably believe that the other is about to inflict unlawful death or GBI on you and you think it is necessary to use deadly force to prevent it

Question 8

What is non-deadly force?

Answer 8

Moderate force ie) threatening to use deadly force with no intention to carry it out or pointing a gun at an attacker but not pulling the trigger

Question 9

Can you use a weapon on an unarmed defendant?

Answer 9

Generally no, but you can take into account things like the respective sizes of the people, gender, health, multiple defendants,’s violin defendants, past violent conduct

Question 10

If you believe it is necessary to use force to prevent harm what is the important qualifier?

Answer 10

It must be reasonable. If you honestly but unreasonably believe it was necessary, you will lose

Question 11

If you believe is necessary to use reasonable force, and that belief is reasonable, but you are mistaken about it, do you still have a defense of self-defense?

Answer 11

Sometimes ie) you shoot to death someone that threatened to kill you when they were reaching into their pocket for what you thought was a gun, but it turned out to be Kleenex. It was reasonable for you to think it was a gun

Question 12

Can voluntary intoxication be the reason you made a mistake about it and the reasonableness of your belief that it was necessary to use force to prevent harm?

Answer 12

You don’t have a defense is a sober man wouldn’t have made the same mistake

Question 13

What does the MPC say about reasonable belief for self-defense?

Answer 13

An honest belief will suffice, it doesn’t have to be reasonable. Defendant must actually believe in the necessity for force

Question 14

In order to use self-defense what must you believe about the timeframe for an attack?

Answer 14

You must reasonably believe that the unlawful violence is almost immediately forthcoming, the attack must appear imminent

Question 15

Hypo: A kidnaps and confines B with the announced intention of killing him one week later. B has an opportunity to kill A and escape each morning when he gets food. Technically the imminent requirement means B can’t use force until A is standing over him trying to kill him. What should B do?

Answer 15

That cannot be avoided if the victim wait until the last moment, then self-defense must allow him to act earlier. He can act as early as is necessary to defend himself

Question 16

What is battered woman syndrome?

Answer 16

A man physically and psychologically abuses his wife or loved one, games for forgiveness, seeks her love and reconciliation and then repeat the cycle over and over so many times that the woman at all times hoping the relationship will last, is reduced to state of learned helplessness

Question 17

How does the imminency requirement of self defense work in a battered woman syndrome situation?

Answer 17

It is often loosely construed, so a woman can take action before an immediate threat of deadly harm occurs

Question 18

If you are the aggressor in a self-defense situation, can you claim self-defense?

Answer 18

No because the force that you were defending against must be unlawful, but the actual force an aggressor is defending against is lawful because it was brought in self-defense

Question 19

What Are the two situations where an aggressor might be justified in self-defense?

Answer 19

1) anon deadly aggressor is met with deadly force in response. He can defend himself against the deadly attack, because by using to be force, the victim is doing an unlawful act
2) if an aggressor in good faith withdraws from the encounter and notifies the victim of this, or at least takes reasonable steps to notify the victim, and the right to self-defense is restored

Question 20

If you provoke the use of force against yourself for the purpose of causing serious bodily harm, are you permitted to use self-defense?

Answer 20

No, and the same goes for force that comes from combat by agreement, and criminal activities

Question 21

What is the duty to retreat in self-defense cases?

Answer 21

A) Majority: you can safely retreat, you don’t have to do so as long as you don’t use deadly force
B) minority: you must retreat before using deadly force if you can do so in safety, but you don’t have to unless you know you can be completely safe, and you don’t have to retreat from your home or place of business (unless the assailant lives there too)

Question 22

Does the retreat requirement of self-defense apply to a police officer or private person assisting him?

Answer 22

No

Question 23

How has the NRA helped to expand the rights to use deadly force since 2005?

Answer 23

A. No permits at home resident to kill an intruder by presuming, rather than requiring proof of reasonable fear of death or serious bodily injury
B. Rejects the duty to retreat, even when retreat is possible (not just home, any public space)

Question 24

What is the MPC rule about the permissibility of deadly force in self-defense?

Answer 24

It isn’t permissible if the person
A. Knows he can avoid the necessity for its use by surrendering possession of a thing to someone asserting a claim of right to it, or
B. By complying with a demand that he abstain from any action that he has no duty to take

Question 25

If you are acting in self-defense and you aim at your attacker, but miss and accidentally hit and kill an innocent bystander, what is your liability?

Answer 25

You’re not liable for the injury or death unless you were reckless in your behavior, then you could be liable for battery or involuntary manslaughter

Question 26

Can you resist unlawful arrest?

Answer 26

There is a right to use non-deadly force to resist unlawful arrest

Question 27

If you use deadly force to resist an unlawful arrest, what is your liability?

Answer 27

The crime can be mitigated from murder to voluntary manslaughter because the provocation with the unlawful arrest and that would make a reasonable man lose his self-control

Question 28

If a police officer is making an unlawful arrest, do you have a privilege to use non-deadly force to resist?

Answer 28

Generally no, because you’ll be shortly released and the indignity is minor, and remedies should be used instead of force

Question 29

What does the MPC say about use of force in an unlawful arrest situation?

Answer 29

Outlaws the use of force against an police officer, even if the arrest is unlawful. You can only use force in self-defense if the officer uses excessive force to make the arrest

Question 30

What is imperfect self-defense?

Answer 30

One who uses force against another with an honest but unreasonable belief that he must use of force to defend himself from an imminent attack is not justified, and this is often labeled as murder. This is only found in homicide law and doesn’t work anywhere else in crimes. This downgrades the crime from murder to voluntary manslaughter

Question 31

Can you use reasonable force in defense of another person?

Answer 31

Yes, even a stranger, when you reasonably believe that the other is in immediate danger of unlawful bodily harm, and the use of force is necessary to avoid the danger. The force is reasonable if the attack appears to be deadly

Question 32

What does the relationship have to be in order to defend another person?

Answer 32

It can be mere acquaintance or stranger, you’re entitled to protect them from threatened harm by a third person

Question 33

What is the alter ego rule?

Answer 33

The right to defend another is coextensive with the other’s right to defend himself

Question 34

Hypo: you help someone feasibly thinking they are in danger, but the harm is actually lawful. You arrive and use forced to rescue that person. Because you intervened in a lawful arrest, you are guilty of assault and battery, or murder even though you reasonably believed your actions were privileged. What is the other/preferable view on the situation?

Answer 34

As long as you reasonably believe that the other person is being unlawfully attacked, you’re justified in using reasonable force to defend them because you shouldn’t be convicted of a crime if you selflessly attempted to protect someone

Question 35

Are you justified in defending another person in order to prevent the commission of a felony?

Answer 35

Yes

Question 36

How does the duty to retreat rule work for defending third-parties?

Answer 36

It is the same, and just because you can retreat without risk to yourself doesn’t mean you should have to if the victim cannot retreat

Question 37

What does the MPC you say about duty to retreat in self-defense?

Answer 37

A defender who would be required to retreat if defending himself doesn’t need to do so unless he knows he can secure the complete safety of the person being defended.

Question 38

What does the MPC say about the difference between justification and excuse?

Answer 38

It doesn’t draw a line between the two because it is skeptical that one can really be drawn and thinks any attempt is just complicating things

Question 39

What does justification mean?

Answer 39

The behavior is warranted, based on good grounds, and morally appropriate action. Conduct is thought to be right or at least not undesirable

Question 40

What is excuse?

Answer 40

Behavior is not warranted, but the person involved isn’t blameworthy or fully responsible. Conduct is thought to be undesirable but for some reason the actor is not to be blamed for it

Question 41

What does the MPC say about using force in self protection?

Answer 41

The use of force on another is justifiable when you believe the force is immediately necessary to protect yourself against unlawful force by another

Question 42

What are the MPC’s limitations on use of force in self-defense?

Answer 42

Use of force isn’t justifiable when:
A) you are resisting arrest by an officer
B) you are resisting force by the occupier/possessor of property when you know they are doing it under a claim of right

Question 43

The limitation by the MPC on the use of force and self protection regarding possessors of property doesn’t apply if:

Answer 43

A. The actor is a public officer performing his duties or person lawfully assisting him
B. The actor has been unlawfully dispossessed of property and is making a re-entry
C. The actor believes that such force is necessary to protect himself from death or GBI

Question 44

What are some exceptions when deadly force is justifiable under the MPC?

Answer 44

If the actor believes it is necessary to protect himself from death, GBI, kidnapping, sexual intercourse compelled by force, and other things

Question 45

Under the MPC the use of deadly force isn’t justifiable when:

Answer 45

1. The actor provoked the use of force against him
2. The actor knows he can avoid using force with complete safety by retreating or surrendering possession to a person claiming the right to it, or by complying with the demands to abstain from any action that he has a duty to take