Doctrine of Self Defense (other rules)
Right of Self Defense arises only were necessity begins and ends when necessity ends. Never must the necessity be greater then the force
Elements of Self Defense
- "Threat, actual or apparent
- The treat must have been unlawful and immediat
- The defender must have believed that the was in imminent peril of death or serious bodily harm (objective standard)
- Response must be necessary to save himself
- Force used must be proportional to threat"
TUB RF
Provocation vs. aggression
Just read
Aggression is the act of attacking without provocation. Provocation is action or speech likely to incite/prompt a physical retaliation.
Do mere words constitute provocation or aggression
No
The right of self defense only available to someone that ____________
is free from fault
One who is the ______ in ________ Culminating in death cannot invoke the _____________________________
One who is the agressor in a conflict colminatin in death cannot invoke the necessities of sel preservation
When can an agressor claim self defense
"1 Communicates to adverasary intent to withdraw 2. In good faith attempt to do so (a good faith overt act)"
Home self defense
Home is your castle. No need to retreat
Common Law retreat?
Person had to retreat to the wall. Forbade use of deadly force when an avenue to retreat is open. MPC is same
Modern Law retreat?
One may stand his ground and use deadly force whenever it is reasonably necessary to save yourself
When is an aggressor entitled to self defense
when victim uses excessive force. Must be proportional
Reasonable belief self defense
"Subjective component is that it appear to defendant and that defendant believed it was necessary to kill the deceased in order to save herself from death or great bodily harm. objective component of self defense Objective component is that the ∆ belief be reasonable and is measured by the objective standard of the person of ordinary firmness under the same circumstances"
Defense of Others Common Law
Alter ego rule: You are entitled to do what they are entitled to do . Put yourself in their shoes. Alter Ego Rule/
Defense of others Majority view
Majority view today, is valid if person reasonably believes that the use of force is justified and necessary under the circumstances
Can you use force for property Common law
Unlawful force can be used to protect property if there was a
1. reasonably belief that it was immediately necessary.
Deadly force, can be used only where you
1. reasonably believe it is necessary to prevent
2. an imminent forceful entry into a dwelling
3. that intruder would commit a felony inside.
Can you use force for property Majority View
Force will be used when there is a reasonable belief that is necessary to prevent or terminate an unlawful trespass or carrying away of property. Deadly force can be used by a homeowner to prevent or terminate an unlawful entry into the dwelling where there is a reasonable belief that intruder intends to commit a a felony inside.
When does the code authorize deadly force
The Code authorizes the use of deadly force if D believes that V: (1) intends to dispossess D of his dwelling, other than under a claim-of-right to possession; or (2) intends to commit arson, burglary, robbery or felonious theft inside the dwelling and (2a) V “has employed or threatened deadly force against or in the presence” of D or (2b) the use of nondeadlyforce to prevent commission of the crime would expose D or another to substantial risk of serious bodily harm.
Defense of habitation
1. when an intruder is inside the home 2. When intruder trying to come in and trying to commit a violent felony (felony that would have resulted in violence against the occupant)
