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defenses for using force - Coggle Diagram
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
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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
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when initiate the aggression and the other party responds with aggression then initial person can not claim self defense
Pollice use of force
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Under MPC, use of deadly force not justifiable by law enforcement unless
- 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
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