Flashcards in Texas - Justification Defense Deck (8)
What "mental state" is self-defense limited to?
None. Penal Code doesn't limit - so even reckless
Alonzo TCA 2011
OTHER THAN PC 9.05 if you recklessly injure or kill a third person.
Can you get "self-defense" and "confinement as justifiable force" instruction for "grabbing and holding"?
No. Confinement, although not defined is more than mere "grabbing and holding" for a moment.
Smith TCA 2011
Does the threat of deadly force constitute use of deadly force?
No, not as long as intent was to create apprehension. Threat of deadly force may be used where use of force is justified.
Explain "Necessity" defense:
1. reasonably believes immediately necessary to avoid imminent harm;
2. desirability and urgency of avoiding harm clearly outweigh, according to ordinary standards of reasonableness; the harm sought to prevent by the law proscribing the conduct;
3. Applies to all offenses, unless specifically excluded
Does necessity require admission of conduct?
Yes. "Confession and Avoidance Doctrine"
Juarez TCA 2010
What creates the presumption of reasonableness for "self-defense"?
Removing actor from or unlawfully entering into actos habitation, vehicel, or business
Actor didin't provoke
Actor not committing offense other than Class C traffic offense
Can actor use self-defense if he provokes other?
Only if he abandons or CLEARLY communicates intent to abandon encounter AND other continues use or attempted use of unlawful force