Self-Defense Justification

Self-Defense

• Confronted with an unprovoked attack
• Threat of injury or death was imminent
• Degree of force used in self-defense was objectively reasonable
• Had an objectively reasonable fear that they would be injured or killed

Imminence

• Immediate threat unless circumstances make it not imminent
• Battered Wife Defense: defendants in a state of imminent harm every day

Duty to Retreat

• Defendant must retreat if there is an objectively reasonable belief that the attacker will cause death or serious bodily injury
• Retreat will not increase likelihood of said cause of death or serious bodily injury
• Stand your Ground: most states choose this over duty to retreat
• If defendant is not the initial aggressor, they may use self-defense

Objectively Reasonable Belief

• If defendant honestly but unreasonably believes self-defense is necessary, it is an imperfect self-defense
• Still guilty of a crime but less serious

Defenses Based on Choice

Choice of Evils Defense/Necessity Defense

• Must be more than one harm that will occur under circumstances
• Harms must be ranked
• Dfdt must have an objectively reasonable belief that the greater harm is imminent and can only be avoided by committing the crime that results in the lesser harm
• Ex: used as defense to loss/destruction of property

Duress Defense

• Choice of evils is deliberately brought on by another individual
• Coercion, threat, unlawful force against his person or the person of another
• Ex: bank teller in a bank robbery gives up cash

Insanity Defense

• Four versions of the insanity defense:

M’Naghten/Right-Wrong Test

• Cognitive, dfdt’s awareness
• Must have a mental defect, “defect of reason” or “disease of mind”
• Dfdt did not know the nature and quality of the criminal act or that the act was wrong

Irresistible Impulse

• Dfdt must suffer from a mental defect or disease
• If defendant cannot control their conduct because of a mental defect/disease, can be excused even if they know their conduct is wrong because they have no volition

Substantial Capacity - Model Penal Code/ALI

• Have a mental disease or defect
• Lacks substantial capacity to appreciate criminality of conduct or to conform conduct to the law

Durham Test

• Mental disease or defect of the mind
• Criminal conduct caused by mental
• Used in NH

Trend in Insanity Standards

• Over recent decades

Entrapment

Subjective Standard - Rotten Social Background

• Law enforcement pressures the dfdt to commit the crime against their will
• Focuses on the dfdt’s individual characteristics more than on law enforcement’s behavior

Objective Standards - Social Factors

• Focuses on the behavior of the law enforcement
• If they use tactics that would induce a reasonable, law-abiding citizen to commit the crime, there is a successful entrapment defense

Specific Crimes

Theft

Larceny

• Physical taking (asportation) of one's personal property with the intent to permanently steal and take control of resulting in loss of possession

Embezzlement

• Fraudulent conversion of another's personal or real property
• Generally does not require intent to permanently deprive (borrowing is not a defense)
• Often requires a relationship of trust and confidence

False Pretenses

• Taking personal, real, or services by a false representation of the fact to specifically or purposely deceive, resulting in loss of ownership of property

Homicide

Murder

• Killing with “malice aforethought”
• Intend to kill with indifference to life/death
• Express malice: specifically intending to kill