Defenses Flashcards
Defense of Self-Defense
A person who reasonably believes himself to be threatened with immediate bodily harm may use whatever degree of force is apparently necessary to protect himself.
If the attack is with so-called “deadly force” the majority rule is that the one attacked may defend with “deadly force” if deemed reasonable under the circumstances. The minority rule requires that the one attacked retreat if there is
Defense of Defense of Others
A person who reasonably believes another to be threatened with immediate bodily harm may use whatever degree of force is apparently necessary to protect the personal safety of the other person.
Step-In-Shoes Jurisdiction (Defense of Others)
In some jurisdictions a person is not allowed to use the defense of “defense of others” unless the person being defended was not the aggressor and had the right to use self-defense.
Reasonable Appearances Jurisdictions (Defense of Others):
In other jurisdictions, a person defending another in good faith and in ignorance of the fact that the person being defended is the aggressor and not entitled to use self-defense is nevertheless justified when acting upon reasonable appearances. Sometimes it is further required that the person being defended is one whom the defender is authorized by statute to protect.
Defense of Defense of Property
A person may use reasonable force that is not likely to cause death or serious bodily harm to protect his or her possession of real or personal property against an apparent trespasser.
Defense of Prevention of Crime
A person, whether a police officer or private person, may use reasonable force to prevent the commission of a crime which is apparently being attempted in his or her presence.
Defense of Legal Authority
A person may commit an otherwise criminal act if it is done under legal process or is otherwise authorized by law.
Defense of Necessity
A person may commit an otherwise criminal act if that person is acting in an emergency situation to protect himself or others from a threatened injury to person or property. The person claiming the defense of necessity may act on appearances. A reasonable mistake is permitted.
Defense of Duress
A person may commit an otherwise criminal act if his act was the result of a reasonable fear of imminent death or serious bodily harm and if his fear was induced by a threat made by a third person. However, this defense will not apply to an intentional killing of another.
Defense of Entrapment
person may not be convicted of a crime if a law enforcement officer (or an agent of an officer) solicited, induced or encouraged the person to commit the crime and if the person would not otherwise have committed it.
Defense of Mistake of Fact
A mistake of fact will disprove a criminal charge if it is honestly entertained, based upon reasonable grounds and is of such a nature that the conduct would have been lawful had the facts been as they were supposed to be.
Defense of Mistake of Law
A mistake of law is not a valid defense to a crime except in those rare instances where it negates an essential element of the crime. Therefore, the old saying “ignorance of the law is no excuse” is appropriate as a general rule.
