self defense
the three cirsumstance of self defense
The necessity is great.
It exists “right now.”
It’s for prevention only.
this law allowed individuals to use the guns they have the right to
castle laws
Standards of reasonableness has been traditionally characterized into these two categories
objective and subjective
this is type of consent means the consent means the product of free will
voluntary consent
the first state to pass the castle doctrine law
what is flordia
th four element of self defense
Nonaggressor. The defender didn’t start or provoke the attack.
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.
Proportionality. Defenders can use deadly force only if the use of nondeadly force isn’t enough to repel the attack. Excessive force isn’t allowed.
Reasonable belief. The defender has to reasonably believe that it’s necessary to use deadly force to repel the imminent deadly attack
this is the area immediately surrounding your house
curtiliage
peggy stewarts husband
mike stewart
this type of consent means that the person consenting understands what they are consenting to
knowing consent
this is the necessity to prevent imminent danger
choice of evil defense
the one who starts the attack
what is aggressor
The right to use force in the defense of one’s person, family, habitation, lands, or goods is one of the natural and unalienable rights of man
defense of home and property
this battered woman was not justified for killing her husband
peggy stewart
this means the person consenting has the authority to give consent
authorized consent
the three elements the The Model Penal Code choice-of-evils set out
Identify the evils.
Rank the evils.
Choose based on the reasonable belief that the greater evil is imminent; namely, it’s going to happen right now
the person in attack that is allowed to use self defense
what is nonagressor
this means taking the law into your own hands
retalitation
mental disorder that develops in victims of domestic violence as a result of serious, long-term abuse
battered women syndrome
this type of consent does not constitute consent
ineffective consent
the three types of consent
volunatary, knowing, and authorized
you must be in this type of danger to use self defense
what is immediate danger
the heart of self defense
reasonableness
in the jurisdictions that follow the retreat rule, people who live in the same home don’t have to retreat
cohabitant exception
this is based on the idea that competent adults voluntarily consented to crimes against themselves and knew what they were consenting to.
defense of consent
this is the case used as an example under consent
state vs shelley