Justifications and Excuses Standard Used Most Other Standard: Deadly to Subjective Reasonableness- must show: Objective Reasonableness- must show: Protect Self Sincere belief she had to use force? Did she believe she was in (La danger of imminent harm? Voie, Was the belief reasonable given her Was this belief reasonable? Leidholm, Goetz) circumstances and characteristics? (e.g. gender and psychology) Deadly Force by Was there a probable cause to think Non deadly force: Law Enforcement that there was a harm to officer Must be reasonable and necessary for ( ) or others? the reason it was used v. Used to prevent crimes like kidnapping, murder, or rape Deadly to Was the person they were Protect Another defending in danger of imminent harm? Was the force necessary/reasonable to protect the other person? Deadly Force to Is the property for your Non deadly force: Protect Property habitation? During a trespass to an area like a (People garage/fence where there is an v. imminent danger of harm Ceballos) Necessity Is the conduct justified? (Queen Was there something socially v. Dudley desirable about it? & Stephens) If not, is it nonetheless excusable? Did he honestly believe harm was necessary to avoid worse harm? Did the def create the necessitous situation? Duress MPC: 1. Coerced by threat of force against person or person of another that a person of reasonable firmness would be unable to resist 2. Not available if person put his/her self in that situation or was negligent 3. Not a defense for a wife to act on husbands command.
Justifications and Excuses Standard Used Most Other Standard: Deadly to Protect Self (La Voie, Leidholm, Goetz) Subjective Reasonableness- must show: Sincere belief she had to use force? Was the belief reasonable given her circumstances and characteristics? (e.g. gender and psychology) Objective Reasonableness- must show: Did she believe she was in danger of imminent harm? Was this belief reasonable? Deadly Force by Law Enforcement ( v. ) Was there a probable cause to think that there was a harm to officer or others? Used to prevent crimes like kidnapping, murder, or rape Non deadly force: Must be reasonable and necessary for the reason it was used Deadly to Protect Another Was the person they were defending in danger of imminent harm? Was the force necessary/reasonable to protect the other person? Deadly Force to Protect Property (People v. Ceballos) Is the property for your habitation? Non deadly force: During a trespass to an area like a garage/fence where there is an imminent danger of harm Necessity (Queen v. Dudley & Stephens) Is the conduct justified? Was there something socially desirable about it? If not, is it nonetheless excusable? Did he honestly believe harm was necessary to avoid worse harm? Did the def create the necessitous situation? Duress MPC: 1. Coerced by threat of force against person or person of another that a person of reasonable firmness would be unable to resist 2. Not available if person put his/her self in that situation or was negligent 3. Not a defense for a wife to act on husbands command.
Taylor_Thompson_Crim_Outline._APD_Spring_2011.docx