Exculpatory Defenses: Self-Defense and Other Justifications

Justification Defenses: Defendant committed a crime but should not be punished because their actions were […] under the circumstances

justified

Self-Defense (General Requirements): The defendant must be confronted with an imminent […]

threat of harm

Deadly Force (Definition): Force that is likely to cause death or great […]

bodily injury

Deadly Force (Justification): Justified only to prevent death or great […]

bodily injury

Requirements for Use of Deadly Force: A person may use deadly force if:

• the person is without [..1..],

• is confronted with unlawful [..2..], AND

• reasonably believes they are threatened with imminent [..3..] or great [..4..]

fault, force, death, bodily harm

Non-Deadly Force (Definition): Force not likely to cause death or […]

great bodily harm

Non-Deadly Force (Justification): Justified when it appears necessary to avoid [..1..] or retain [..2..]

imminent injury, property

A person may use non-deadly force if

• they are without [..1..] and

• reasonably believe the use of non-deadly force is necessary to protect themselves from [..2..]

fault, imminent unlawful force

Initial Aggressor Rule: An original aggressor generally […] claim self-defense

can’t

Defense of Others: A person has the right to defend others if they reasonably believe the person to be assisted has a [..1..] to use force in their own defense

legal right

Defense of Others (Majority Rule): There does not need to be a [..1..] between the defender and the person they are defending. All that is necessary is the reasonable [..2..] of the right to use force

special relationship, appearance

Defense of Property (Non-Deadly Force): Non-deadly force CAN be used to protect […]

property

Defense of Property (Deadly Force): Deadly force [..1..] be in defense of property, with how many exceptions?

can’t, one

Exception (Defense of a Dwelling - Deadly Force): When a person is lawfully present at a [..1..], they may use deadly force to prevent a violent [..2..], assuming the defender reasonably believes:

• the deadly force is necessary to prevent an [..2..] against them or someone else in the home OR

• deadly force is necessary to prevent someone from entering who intends to commit a [..3..] inside the home

home, entry, attack, felony

Mistake of fact is only relevant if it shows the defendant lacked the required […] of the crime

state of mind

Mistake of fact […] be used for strict liability crimes

can’t

For general intent crimes, a mistake of fact must be […]

reasonable

For specific intent crimes, a mistake of fact does NOT need to be […]

reasonable

For mistake of law, an […] that what you did was legal is generally NOT a defense

honest belief