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Defenses (Self-Defense (Common Law (Rule: You can use reasonable force to…
Defenses
Self-Defense
MPC
Rule: Defensive force is OK when the defendant believes such force is immediately necessary for the purpose of protecting himself against the use of unlawful force.
Subjective Test: MPC uses the the subjective test unless you are reckless or negligent in having the belief that defensive force is necessary or you recklessly acquire knowledge material to justifying the use of force.
Imperfect Self Defense: Unreasonable mistakes leave you culpable at the level of the mistake. If it was a reckless mistake you're on the hook for reckless homicide.
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You can use self defense for (1) Defense of others (2) Defense of property (3) Law enforcement can use deadly force to stop a fleeting defendant they perceive to be a danger to others.
Common Law
Rule: You can use reasonable force to protect yourself or a third person when you reasonably believe someone else is going to use imminent physical force.
Objective Test: Look to see if a reasonable person would have thought the use of force was necessary. A minority of jurisdictions use a subjective test.
Imperfect Self Defense: Defendants who honestly but unreasonably believed that defensive force was necessary are convicted of manslaughter rather than murder.
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Necessity
MPC
Definition: Necessity is a defense when the defendant honestly believes that committing a crime is necessary to avoid a greater evil.
When Defendants are charged with reckless or negligent crimes, they cannot cite a necessary defense if they were reckless or negligent in bringing about the situation that participates their conduct.
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Common Law
Definition: This is the defense of choosing the lesser of two evils. Supervening events justify unlawful conduct.
Imminent/Inevitable: Defense of necessity can only be applied if the threat is imminent or inevitable.
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Uses of Defensive Force
MPC
Chattels: You can only use non-deadly force if you believe it is immediately necessary to protect chattels (and your home) as long as (1) you ask the other person to stop interfering with your property (2) you don't use force that they know will expose the other person to substantial danger of serious bodily harm.
Defense of Home: You can use deadly force to protect your home under two circumstances (1) occupant reasonably believes intruder is entering unlawfully to dispose them of the home, and they have no claim of right to his possession. (2) Occupant reasonably believes intruder is entering to commit arson, burglary, robbery, or any felony involving theft or destruction of property, so long as (a) intruder used threat/deadly force against them or in their presence (b) using non-deadly force would expose occupants to substantial danger of serious bodily harm.
Common Law
Defense of Home: Invited guests can defend the home they are in with force, and you can defend with deadly force if you suspect intruders will use force against you or commit a fraud.
Chattels: You can only use non-deadly force to protect you chattels. But you can use deadly force in a robbery because robbery involves deadly force.
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Duress
MPC
Elements: Defendants are entitled to the defense of duress when they are coerced by threats of "unlawful force against the person or the person of another, that a person of reasonable firmness in his situation would have been unable to resist.
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Threats to property or even reputation cannot exercise sufficient power over persons of reasonable firmness to make a crime irresistible.
Homicide: Usually duress is not a defense to homicide but some jurisdictions will convict under manslaughter and not murder.
Common Law
Application: This defense is applied when no reasonable person could resist the force that is being applied to compel you to break the law.
Duress is not a defense when you are responsible for creating the events that compel you to act unlawfully.
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Insanity
MPC
Definition: No criminal liability if mental diseases causes the actor to lack substantial capacity either to appreciate the wrongfulness of the conduct or to conform his conduct to the requirements of law.
Common Law
Elements: Must show (1) Mental disease (2) that causes D not to know (a) the nature and quality of his act, OR (b) that what he was doing was wrong (M'Naghten). You can also show that defendant knew the consequences but could not conform behavior to the law.
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Entrapment: The government cannot legally induce someone to break the law. when his or her normal inclination is to behave lawfully.