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DEFENSES - Coggle Diagram
DEFENSES
JUSTIFICATION
TRIGGERING CONDITIONS CAUSE NECESSARY & PROPORTIONAL RESPONSE
SELF-DEFENSE
REASONABLY BELIEVES NECESSARY
REPEL IMMINENT USE OF DEADLY FORCE OF ANOTHER
NOT THE AGGRESSOR
DEATH OR SERIOUS BODILY INJURY
MINORITY: SAFE RETREAT
OHIO & 35 OTHER STATES: NO DUTY TO RETREAT
CASTLE DOCTRINE: NO DUTY TO RETREAT FROM PERSONAL DWELLING
THEORIES:
PUBLIC BENEFIT
MORAL FORFEITURE (ATTACKER)
MORAL RIGHTS (VICTIM)
SUPERIOR INTERESTS LESSER HARM
PROPRIETY OF THE ACT
BATTERED WOMEN'S SYNDROME
PRIOR ABUSE
DEF'S SUBJECTIVE BELIEF IS OBJECTIVELY REASONABLE
CONFRONTATIONAL NON-CONFRONTATIONAL MURDER-FOR-HIRE
REASONABLE MISTAKE
DEFENSE OF OTHERS "ALTER EGO" RULE
DEFENSE OF HABITATION
UNLAWFULE IMMINENT HARM = MIDDLE
REPEL FORCIBLE FELONY = NARROW
EARLY COMMON LAW = BROAD
EXCUSE
TESTS:
M'NAUGHTEN (1843) COGNITIVE ONLY
IRRESISTABLE IMPULSE (1887) COGNITION & VOLITION
DURHAM TEST (1954) NH COGNITION ONLY
MPC (1980) LACKS CAPACITY
FEDERAL TEST (1984)
MENTAL ILLNESS
STAND TRIAL = PRESENT MENTAL STATE
INSANITY = MENTAL STATE DURING ACT
CONSULT W/ ATTORNEY & RATL UNDERSTANDING OF PROCEEDINGS
NOT GUILTY BY REASON OF INSANITY
GUILTY BUT MENTALLY ILL
DURESS
PRESENT, IMMINENT & IMPENDING
NO FAULT IN EXPOSURE
REASONABLE BELIEF
UNREASONABLE MISTAKE
THEORIES:
BLAMEWORTHINESS OF THE ACTOR
DETERRENCE
CAUSATION
FREE CHOICE
EXTRINSIC
STATUTE OF LIMITATIONS
DIPLOMATIC IMMUNITY
INCOMPETENCY
SPECIALIZED
ABANDONMENT
WHARTON'S RULE
LEGAL IMPOSSIBILITY
OFFENSE MODIFICATION
DON'T HOLD CRIME VICTIM GUILTY AS ACCOMPLICE
FAILURE OF PROOF