Types of Defenses
This defense claims the defendant was somewhere else when the crime occurred.
What is an alibi?
Self-defense is only valid if the threat exists at this moment.
What is imminence?
Under this rule, you do not have to retreat if you are somewhere you have a right to be.
What is the stand-your-ground rule?
Historically, self-defense protected only this group.
What is yourself and immediate family?
This defense allows a lesser crime to prevent a greater harm.
What is the choice of evils (necessity) defense?
This defense accepts responsibility but claims the act was right under the circumstances.
What is justification?
Self-defense can only be used to stop harm, not to get revenge.
What is prevention only?
This rule requires retreat if it can be done safely.
What is the retreat rule?
Modern law has moved in this direction regarding defense of others.
What is expanding protection beyond family?
The MPC requires identifying, ranking, and choosing between these.
What are evils?
This defense admits the act was wrong but says the defendant is not responsible.
What is an excuse?
This requirement means the force used must match the threat.
What is proportionality?
There is no duty to retreat when attacked in your home under this exception.
What is the castle exception?
A common-law phrase meaning a person’s home is their castle.
What is “a man’s home is his castle”?
This syndrome may affect victims of long-term domestic violence.
What is Battered Woman’s Syndrome?
This type of defense results in an acquittal.
What is a perfect defense?
The defendant must honestly and reasonably believe force is necessary.
What is reasonable belief?
People who live together do not have to retreat from each other under this rule.
What is the cohabitation exception?
Deadly force usually requires this when defending property.
What is an actual invasion?
This case involved necessity and cannibalism at sea.
What is The Queen v. Dudley & Stephens?
This defense reduces the crime to a lesser offense instead of acquittal.
What is an imperfect defense?
You generally cannot claim self-defense if you did this first.
What is starting or provoking the fight?
Retreat is required if backing off will not put you in danger of this.
What is death or serious bodily harm?
Areas surrounding the home are NOT automatically protected by deadly force.
What is curtilage?
Consent can justify criminal conduct when this does NOT result.
What is serious injury?