defenses for using force
2 types of defenses
Justifications: you are justified in committing that crime, classic example is self defense; this is different from excuse- with excuse don’t want it to be done but won’t punish you for it, whereas justification is we want you to do the act
self defense falls under justification
excuse: we don’t want you to have done what you did, so that is why excused and not punished
insanity defense is an example of an excuse
self defense: one of the most common justifications for use of force; the use of force to protect oneself from an unlawful attack is justified if the defensive force is necessary, commonly limited to situations where serious bodily injury is threatened
elements needed for self defense
Necessary force requirement
Proportionality requirement: a person may in self defense use deadly force- that is force that risks causing death or in some jurisdictions risk serious bodily injury- only when threatened with serious bodily injury or in some jurisdictions with other felonies
the extent of force allowed depends on the actor and person being defended
Common Law v. MPC
CL: can’t use force if the actor knows that he can avoid the necessity of force with complete safety by retreating, UNLESS they are in their dwelling or place of work, but doesn’t apply if they are the initial aggressor or is assailed in his place of work by another person whose place of work the actor knows it to be
MPC: there is necessary in time requirement, which is waiting until the last moment that you could defend
When necessary: can not use force if could use this force at a later time and the actor does not suffer from waiting
To the extent necessary: if the threat can be averted without force or with lesser force, the greater force is not justified
use of force as it relates to property
not allowed to use deadly force if protecting property, human life outweighs property, exception is if the actor trying to dispossess the actor of the actor’s dwelling or is committing one of certain enumerated offenses and has used or threatened deadly force
different approaches by jurisdictions
click to edit
- category 1: just threat of death or serious bodily injury
- category 2: intermediate category: MPC uses, can use when serious felony and serious bodily injury and rape and kidnapping
- category 3: life, serious bodily injury and all felonies (so car theft included- but can’t go to deadly force right away, has to escalate there)
when initiate the aggression and the other party responds with aggression then initial person can not claim self defense
Pollice use of force
different approaches by juriisdictions
click to edit
Requires believes necessary: there is a sliding scale, so for example if the deadly force was negligent then can be liable for negligent homicide
Requires reasonably believes: also known as the all or nothing approach, which gives complete defense to officer if the mistake was completely reasonable and if the mistake is honest but unreasonable then they will not get a defense; this is negligent standard- were they reasonable
Requires actually necessary: a reasonable mistake is no defense
All or nothing: if act unreasonably then have no defense at all, even if it is was just negligent or reckless
Under MPC, use of deadly force not justifiable by law enforcement unless
click to edit
click to edit
- the person effecting the arrest is authorized to act as a peace officer or is assisting a person whom he believes to be authorized to act as a peace officer
- the actor believes that the force employed creates no substantial risk or injury to innocent person and officer believes (1) the crime for which the arrest is made involved conduct including the use or threatened use of deadly force or (2) there is substantial risk that the person to be arrested will cause death or serious bodily harm if his apprehension is delayed
the arrest is for a felony
public authority justifications
are available to actors specially authorized (and usually specially trained) to engaged in conduct that would otherwise constitute an offense, but is necessary to protect or further a societal interest
how different from defensive-force justifications: actor’s authority not limited to defensive action
conditions triggering need to act for public-authority: evoked whenever a recognized interest is endangered or an opportunity to further an interest is presented; a violator may injure or endanger an interest without being an “aggressor” in the normal sense of that term