Crim Law -self defense

self defense

defendants honest belief that they have to use deadly force because they were threatened with immediate deadly force

self defense questions 

1. what kind of force did defendant use? 

2. what kind of force was defendant immediately threatened with?

3. what kind of force was defendant entitled to use?

4. was defendant required to retreat? 

deadly force

force used with the intent to inflict SBI or death

may be used against deadly force or immediate threat of deadly force

nondeadly force

any other force

may be used against the immediate threat of unlawful force

excessive force

using more force than you were entitled to use

Rules of retreat

1. innocent victim

2. mutual participant or aggressor in nondeadly conflict & victim uses deadly force

3. mutual participant or aggressor in deadly conflict 

MPC always requires retreat 

innocent victim

defendant must retreat if a safe retreat is available unless he is in his own home

american rule innocent victim

An innocent victim has no duty to retreat anywhere, even if a safe retreat exists

self defense to criminal homicide

defendant honestly believes that he must kill in self-defense because of an immediate threat of sbi or death