Defenses - Self Defense Flashcards
Rule
When D have an:
(1) honest and reasonable belief
(2) that deadly force
(3) is necessary to repel
(4) the imminent use of deadly force by another
Honest and Reasonable
Majority: Full defense; Objective v. Subjective
- Objective: (Liedholm) reasonably prudent person
- Subjective: (Liedholm) viewed from the perspective of a person who has had the same experiences that D had (in Liedholm lady killed husband in his sleep cause she was afraid of abuse -> battered woman)
Minority: will allow an honest and unreasonable belief which will justify an imperfect self-defense claim with the charge dropped to involuntary manslaughter
Deadly Force
Has to be met with the same amount of force. So D would have to b met with deadly force.
Retreat Rule
Majority (CA): D does not need to retreat in the face of an attack even if retreating would avoid the fight
Minority: Requires D to retreat if it is safe to do so
Deadly Aggressor Rule
Self defense against an aggressor cannot claim self defense. So if a victim shoots an aggressor and aggressor fights back - no self defense for aggressor.
EXCEPT: when the victim raises the stakes (Raise the Stake Exception).
MPC - Self Defense
Use of force upon or toward another person is justifiable when the actor believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force by such other person on the present occasion (NO Reasonableness Needed)
- Reckless or Negligent in holding belief? = NO JUSTIFICATION
- *Negligent = negligent homicide
- *Recklessness = manslaughter charge
MPC - Retreat Rule
The actor knows that he can avoid the necessity of using such force with complete safety by retreating or by surrendering possession of a thing to a person asserting a claim of right thereto or by complying with a demand that he abstain from any action that he has no duty to take, except that: IF YOU KNOW YOU CAN RETREAT YOU HAVE TO (except at home)
