SELF DEFENSE Flashcards
self defense
a person is justified in using deadly force against another person if he is not the aggressor, and he reasonably believes that such force is necessary to repel the imminent use of unlawful, deadly force by another person
deadly force
likely to cause death or serious bodily harm
CL self defense
elements
- threat of deadly force
- threat unlawful and imminent
- d reasonably believes that force is necessary to prevent death or serious bodily harm
cannot be initial aggressor
components (use for reasons in answer)
- necessity: force should not be used against antoher person unless ot the extend it is necessary
- proportinality- force used must be in proportion to harm one is threatend with
- reasonable belief- quasi obj becuase it requires def beleif be one that a reasonable person in def situation would have possessed
MPC self defense
jsutified using force when immediately necessary to protect oneself
focus on non aggressor and need to protect
mpc does not focus on immediacy of the attack, but rather on how soon the non aggressor needs to use force to protect herself
- unlawful hamr need not be imminent or immediate, but necessity for using force against attack on occassion must be immediate( now or never)
- hiker example
US v Peterson
windshield wiper def was initial aggressor
CL retreat rule
retreat to the wall
evolved over time, retreate presuming safe wya to avoid harm
must be backed into wall literally and figuratively
MPC retreat rule
inquiry is whether the person knows he could have retreated with complete safety or not
jenkins v state
trailer
CL castle doctrine
if in own home, no duty to retreat
proportionality still applies
MPC castle doctrine
broader, not limited to own home
inlcudes any space with legal rights
CL reasonablenss of belief
must be reasonable and honest
- mistake of law will not suffice
unreasonable causes loss to self defense claim (modern approach lowers it to manslaughter “imperfect self defense”)
MPC reasonalbness of belief
minority position
requires only belief be honest
however, if def is reckless or neg in regard to facts that cause d to believe deadly force is necessary def cannot claim self defense agaisnt charges containing reckless or neg mens rea
stand your ground laws
no duty to retreta and right to stand ground if not in criminal activity and have right to place
(florida: presumption of reasonable fear of imminent death presumption person entering is intended to commit violence, doesnt apply to person who has right ot be there)
