Affirmative Defenses

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  1. Affirmative Defenses: Justification & Excuse 
    Affirmative defense: burden of proof is met but should be acquitted for another reason

    • Justification Defenses: 
    • (1) Self-Defense/Defense of others 
    • (2) Defense of Home 
    • (3) Necessity 
    • Excuse Defenses: 
    • (1) Duress 
    • (2) insanity
  2. Self-Defense/Defense of others
    • Self Defense
    • Requirement: Not initial aggressor unless person does light aggression and other drastically escalates aggression 

    • Elements: Honest and reasonable belief of 
    • (1) threat of imminent force 
    • (2) force needed to repel threat
    • (3) force was proportionate to threatened force

    Defense of others: everything is the same except third party threatened
  3. Self-Defense Case: Goetz (man in subway shot boys when demanded money) 

    Reasonable belief: objective 

    Reasonable Standard: how a reasonable person would have acted given defendant's position 

    • Totality of Circumstances:
    • (1) defendant's knowledge of person 
    • (2) respective physical attributes 
    • (3) defendant's prior experience
  4. Self-Defense Case: Stewart (woman with history of abuse kills husband & no defense) 
    Immediate danger of life: Must be perceived close to time of killing.

    • Proof: Perceived during 
    • (1) engagement of final conflict 
    • (2) momentary break in continuous conflict after an assault or threat of death
  5. Self Defense Case: Wanrow (large pedophile killed after startling woman in crutches) 
    Reasonable belief: subjective 

    Reasonable Standard: defendant's actions judged through his subjective perspective of the situation 

    Totality of the Circumstances: all facts including those before the killing
  6. Defense of Home
    Rebuttable presumption: homeowner had reasonable fear of death or great bodily injury 

    • Element: 
    • (1) deadly force used to prevent entry into home
  7. Defense of Home Case: Brown (defendant shot person on porch & no entry) 
    Defining Residence: reasonable expectation test

    Test: if a reasonable person would expect protection from intrusions, area is residence
  8. Defense of Home Case: Ceballos (defendant used killing device to stop burglary when no present) 

    CA 197: protect property if violence and surprise towards you (self-defense analysis) 
    No Defense: deadly force cannot be used to protect property
  9. Necessity 
    Hutchins (no medical necessity for using drugs)  
    In re Eichorn (sleeping in public areas necessity for homeless with no shelter) 
    • Elements: 
    • (1) Harm avoided greater than harm from breaking the law 
    • (2) Defendant faced imminent danger from a force of nature 
    • (3) Defendant reasonably believed that illegal conduct would mitigate or stop the harm 
    • (4) No legal alternatives available 
    • (5) No legislative preclusion of necessity defense 
    • (6) Defendant was not at fault for creating the dangerous situation
  10. Duress 
    Contento-Pachon (detailed threat to family unless transport cocaine to U.S.) 
    • Elements: 
    • (1) Defendant acted in response to imminent threat of death or serious bodily injury 
    • (2) Defendant had reasonable fear that threat will occur unless he committed the crime 
    • (3) Defendant had no reasonable opportunity to escape 

    Prison escapes: (4) defendant submit to authorities when reaching position of safety
  11. Insanity 
    • Elements: At time of commission
    • (1) defendant incapable of  knowing consequences of actions 
    • (2) defendant could not distinguish right from wrong
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Affirmative Defenses
2015-12-03 01:00:56

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