Self-Defense Justification

Study Notes

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

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

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

Description

Test your understanding of the conditions and standards for self-defense, including the threat of injury or death, objectively reasonable fear, and the use of force. Learn about the justification for self-defense and its legal implications.

Self-Defense Justification

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Questions and Answers

Under what condition can a battered wife use self-defense, even if the harm is not literally imminent?

What is the requirement for a defendant to use self-defense?

What is the 'Stand Your Ground' law?

What is the consequence if a defendant honestly but unreasonably believes self-defense is necessary?

What is the 'Duty to Retreat'?

What is the 'Choice of Evils Defense' or 'Necessity Defense'?

What is the primary requirement for the choice of evils defense?

Which of the following insanity defense versions focuses on the defendant's individual characteristics?

What is the primary difference between larceny and embezzlement?

What is the term for the killing of another person with 'malice aforethought'?

What is the primary requirement for the duress defense?

What is the primary focus of the objective standard in the entrapment defense?