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Self Defense

Defenses to Criminal Liability I: Justifications / Self defense terminology

QuestionAnswer
What is a nonaggressor? A defender that did not start or provoke the attack.
What is necessity? Defenders can use deadly force only if they reasonably believe it’s necessary to repel an imminent deadly attack—namely, one that’s going to happen right now
What is proportionality? Proportionality is when defenders can use deadly force only if the use of nondeadly force isn’t enough to repel the attack. Excessive force isn’t allowed.
What is reasonable belief? Reasonable belief is when a defender has to reasonably believe that it’s necessary to use deadly force to repel the imminent deadly attack.
What is the stand-your-ground rule? The stand-your-ground rule says that if a defender did not start the fight, they could stand their ground and kill to “defend their self without retreating from any place the had a right to be.
What is the retreat rule? The retreat rule says you have to retreat if you reasonably believe that 1. you’re in danger of death or serious bodily harm; and 2. backing off won’t unreasonably put you in danger of death or serious bodily harm.
What is the castle exception? Castle exception is when you’re attacked in your home, you can stand your ground and use deadly force to fend off an unprovoked attack, but only if you reasonably believe the attack threatens death or serious bodily injury.
What is curtilage? The area immediately surrounding the home.
What is choice-of-evils defense? Also called the general defense of necessity, it justifies the choice to commit a lesser crime to avoid the harm of a greater crime.
What is defense of consent? The justification that competent adults voluntarily consented to crimes against themselves and knew what they were consenting to.
Created by: Haley1242
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