Flashcards in Page 36 Deck (25):
Can you use deadly force to resist unlawful arrest?
No, only non-deadly force
If you use deadly force to resist an unlawful arrest, what is your guilt?
The crime can be mitigated from murder to voluntary manslaughter because the provocation of unlawful arrest was enough to make you lose your self control
What is the MPC and modern view of resisting unlawful arrest?
It is not justifiable to resist unlawful arrest by using force, but if the officer uses excessive force, you can use self defense
What is imperfect self-defense?
When you use deadly force against another with an honest and good faith but unreasonable belief that the force was necessary
Can imperfect self-defense ever be used as a mitigation?
Yes, if D's killing was unlawful but because of a mitigating circumstance he lacked malice aforethought, that could mitigate a murder to manslaughter
What is a type of imperfect self-defense?
If you non-feloniously precipitated an attack, and then were forced to kill in self defense
Example of imperfect self defense?
You punch someone, and they try to stab you, so you use deadly force. Because you started the altercation you don't have a self-defense claim, but this could mitigate your murder to manslaughter
How does the MPC treat imperfect self-defense?
MPC would let you raise a perfect self defense, but would still find you guilty of battery or whatever other crime
What is defense of others?
You're justified in using reasonable force in defense of another if you reasonably believe they are in immediate danger of unlawful bodily harm, and the use of force is necessary to avoid the danger
Can you have a defense of others defense for a stranger?
Can you be mistaken and still have a defense of others defense?
Yes, as long as your belief was reasonable and your use of force was reasonable
How Does proportionality work for defense of others?
You are only entitled to use as much force as the actual person would be entitled to use
Is it Possible to rely on this subjective belief of a victim for defense of others?
Yes, if the victim reasonably thinks the perpetrator has a gun, you can believe that also
What Is the alter ego rule for defense of others?
The right to defend another is coextensive with the other's right to defend himself
If you step in to help someone that you think is in danger, but the force is actually lawful, can you use a defense of others defense?
No, because of the alter ego rule
What is the retreat rule for defense of others?
It is the same as self-defense but if you can retreat without any risk to yourself and the victim can't, then you don't have to retreat
When you use confinement as a protective force?
Only if you take all reasonable measures to terminate it as soon as it is safely possible
Do police officers have to refrain from using force when they encounter resistance?
What is defense of property?
Reasonable non-deadly force can be used to defend property, but deadly force can never be
If Someone is sitting on your car what can you do to get them off?
You can push them off, or use any other reasonable non-deadly force but you can't use deadly force
Can you use mechanical devices to protect your home?
Yes, So long as they don't use deadly force
Can use dangerous animals protect your home?
No, because they should be thought of as mechanical devices that indiscriminately kill
Why can you not use deadly force to protect property?
Human life is more valuable than property
If an old lady sets a trap to shoot intruders, and a kid breaks in and is shot dead, the old lady's actions were what?
Beyond the scope of lawful defense of property because deadly force cannot be used to protect property