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DEFENSE TUTORIAL

DEFENSE TUTORIAL. Justifications Self-Defense Defense of Others Necessity . Excuses Duress Insanity Diminished Capacity Intoxication Entrapment. Affirmative Defenses. SELF-DEFENSE. Honest and Reasonable Fear Death or Serious Bodily Harm Imminent Threat No excessive force

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DEFENSE TUTORIAL

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  1. DEFENSE TUTORIAL

  2. Justifications Self-Defense Defense of Others Necessity Excuses Duress Insanity Diminished Capacity Intoxication Entrapment Affirmative Defenses

  3. SELF-DEFENSE • Honest and Reasonable Fear • Death or Serious Bodily Harm • Imminent Threat • No excessive force • Duty to retreat • Not initial aggressor

  4. “Honest and Reasonable Fear” • CL: Reasonable person in defendant’s situation (semi-objective) • Physical attributes • D’s prior experiences • Circumstances of attack (movements, comments and past of assailant) • MPC: Defendant believed (subj.) • Note: “Imperfect self-defense” (Honest, but unreasonable belief)

  5. “Death or Serious Bodily Harm” • CL: Strict standard • MPC: “or threat of serious felonies, like kidnapping, rape and robbery.”

  6. Imminent vs. Inevitable • CL: Strict time requirement • Modern CL: Reasonably believe imminent • MPC: Subjective approach

  7. No Excessive Force • Lethal force only when confronted with lethal force

  8. Duty to Retreat • Only when planning to use lethal force • May stand ground when defending with non-lethal force • No duty to retreat in own home (“Castle Rule”)

  9. Not Initial Aggressor • Initial Aggressor vs. Instigator • Who escalates to violence?

  10. Defense of Others • 2 Approaches • Stand in other person’s shoes • Reasonable person would have believed that right of self-defense

  11. Question #1 - Poe • Honest and Reasonable Fear? • CL approach • MPC approach • Death or Serious Bodily Harm? • Imminent Threat? • No excessive force? • Duty to retreat? • Not initial aggressor?

  12. Question #1 - Jane • Honest and Reasonable Fear? • CL approach • MPC approach • Death or Serious Bodily Harm? • Imminent Threat? • No excessive force? • Duty to retreat? • Not initial aggressor?

  13. Question #1 - Brock • Defense of Others • Stand in shoes approach • Reasonable person approach

  14. NECESSITY • Choice of evils • No apparent legal alternatives • Imminent threat • CL or relaxed • Chose lesser harm • Lives > Property • CL: Not homicides • Min.: More lives>fewer lives • Did not bring upon self • No contrary legislative intent

  15. QUESTION #2 - George • Choice of evils • No apparent legal alternatives • Imminent threat • CL or relaxed • Chose lesser harm • Lives > Property • CL: Not homicides • Min.: More lives>fewer lives • Did not bring upon self • No contrary legislative intent

  16. QUESTION #2 – Rocket Man • Choice of evils • No apparent legal alternatives • Imminent threat • CL or relaxed • Chose lesser harm • Lives > Property • CL: Not homicides • Min.: More lives>fewer lives • Did not bring upon self • No contrary legislative intent

  17. Common Law Threat of death or SBH To defendant or close family member Imminent Such fear that ordinary person would yield Limitation for homicide Note: Imperfect duress = Manslaughter MPC Sliding scale No limitation for homicides Duress

  18. MENTAL DEFENSES • Competency [Ability to stand trial] (Dusky) • Understand proceedings • Able to participate • Insanity • Full defense • Diminished Capacity • Partial defense

  19. McNaghten D presumed sane At time of crime Disease or defect D does not know nature & quality of acts, OR D does not know acts are “wrong” CL Additions Deific Decree Irresistible impulse MPC D presumed sane At time of Crime Disease or Defect Lacks substantial capacity to: Appreciate wrongfulness, OR Control behavior Insanity

  20. Mental Disease or Defect • Legal Concept • Look at factors • Verifiable symptoms • Medical history • Number of cases • Easily faked? • Stigma? • Brought upon self? • Other policy concerns?

  21. Diminished Capacity • 3 approaches • Brawner • Reduce specific intent crime to general intent crime • Wilcox • No defense • MPC • Can use to prove no mens rea for any crime

  22. INTOXICATION • Involuntary (Full defense) • D unaware ingesting drug or alcohol • D forced to consume drug or alcohol • Pathological effect • Voluntary (Partial defense)

  23. Involuntary Intoxication • Full defense • Defect or disease  insanity defense

  24. Voluntary Intoxication • Reduces Mens Rea • Specific Intent  General Intent Crime • Note: MPC approach same

  25. Entrapment Fed: “Predisposition” • Subjective approach • Exception: Motion to dismiss for outrageous govt. misconduct Cal: Govt. conduct likely to induce law-abiding person to commit crime? • Objective approach MPC: Obj. approach to judge

  26. QUESTION #3 • Affirmative Defenses • Entrapment • Insanity • Diminished capacity • Intoxication

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