VOCAB!
What is Curtilage?
the area immediately surrounding the home.
You must retreat if:
danger of death isn't there, backing off will not put you or others in danger.
Self-Defense Domestic Violence:
People who live in the same home do not have to
retreat.
What is voluntary consent?
consent was the product of free will, not of force, threat of force, promise, or trickery.
Stand your ground rule means:
IF NOT: you can stand your ground and kill to defend
yourself without retreating from any place you have
a right to be.
IF SO: you cannot rely on self defense
What battered Woman Syndrome:
Mental disorder that develops in victims of DV as
a result of serious, long-term abuse
- Are victims of DV justified when they kill their
abuser? – often debated
Self Defense – Domestic Violence
what is Imminence Requirement?
an element of self-defense requiring the danger to be "right now".
Common law idea:
a man’s home is his castle
What is Justification Defense?
Defendants admit they were responsible for their acts but claim that, under the circumstances, what they did was right.
If deadly force
No curtilage
No automatic defense