Principles of Exculpation and Other Defenses

Question 1

The main categories are:

Answer 1

1) Self-Defense;
2) Defense of a Dwelling;
3) Duress;
4) Necessity;
5) Mistake of Fact;
6) Consent;
7) Entrapment.

Question 2

A victim may use non-lethal self-defense anytime they

Answer 2

reasonably believe that force is about to be used on them.

Question 3

Under the majority rule, a victim may use deadly force in self-defense anytime the victim

Answer 3

reasonably believes that deadly force is about to be used on them.

Question 4

Under the Minority Rule, a victim is required to retreat before using deadly force in self-defense, except:

Answer 4

1) There is no duty to retreat from your home;
2) There is no duty to retreat if you are the victim of a rape/robbery;
3) There is no duty to retreat if you are a police officer.

Question 5

The original aggressor in a confrontation may claim self-defense IF (3):

Answer 5

1) The original aggressor withdraws;
2) The original aggressor communicates their withdrawal to the other party;
BUT, if the victim escalates a minor confrontation into one involving deadly force (disproportionate defense), without giving the other party the chance to withdraw, the tables are turned.

Question 6

A defendant may assert the “defense of others” defense if they REASONABLY BELIEVED

Answer 6

that the person they assisted would have had the right to use force in their own self-defense.

Question 7

Under the Majority Rule there does NOT need to be

Answer 7

a special relationship between a third-party defender and the assisted.

Question 8

Deadly Force may NEVER be used

Answer 8

to defend property. Property can’t die, as such there is a fundamental problem of proportionality in force.

Question 9

Duress(pressure from a human force) is a defense to a criminal act if

Answer 9

the defendant acts under the threat of immediate infliction of death/substantial bodily harm AND that belief is reasonable.

Question 10

Duress is a defense to ALL crimes except

Answer 10

homicide.

Question 11

Necessity(pressure from natural forces) is a defense if

Answer 11

the defendant reasonably believed their action necessary to prevent a greater societal harm.

Question 12

Mistake of Fact is a defense only when

Answer 12

the mistake negates intention.

Question 13

For a general intent or malice crime, the mistake of fact has to be

Answer 13

reasonable.

Question 14

For a specific intent crime, however, the mistake can be

Answer 14

ANY mistake, no matter how ridiculous, as long as its genuine

Question 15

Consent of the victim is GENERALLY

Answer 15

not a defense to criminal liability.

Question 16

Entrapment is a valid defense to criminal liability ONLY when

Answer 16

1) the criminal design originated with the law enforcement officer AND;
2) the defendant was not pre-disposed to commit the crime.