Self Defense

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o       Elements
§        1- Δ must have been resisting the present or imminent use of unlawful force
§        2- Δ must have used no more force than was reasonably necessary to defend against the threatened harm
§        3- Force used by Δ may not be deadly unless the force being resisted is deadly in nature
§        4- Δ must not have been the initial aggressor, unless;
·        Δ was a non-deadly aggressor confronted with the unexpected use of deadly force, OR
·        Δ withdrew after his initial aggression and the other party continued to attack
§        5- Δ must not have been in a position from which he could have retreated with complete safety, unless;
·        At home, or in the place of employment
o       Imperfect Self Defense – if all five elements cannot be satisfied, the result is mistaken justification voluntary manslaughter
§        Often, the 2nd element is the one failed
·        Defense of Others
o       When asserted successfully results in an acquittal (Perfect Self Defense)
o       Reasonableness Test – when it is reasonable to do so
§        Determined on a case by case basis
o       Stands in the Shoes Of – A and X are in some sort of physical altercation.  B comes to defend A.  Is B going to have a good defense of others?
§        B stands in the shoes of A. 
§        If A would’ve satisfied the elements of self defense, then B would have the same successful defense
·        Battered Spouse Syndrome
o       Learned Helplessness – psychological term assigned to reason wife doesn’t leave her husband and pursue other alternatives under battered wife syndrome
o       Has been called “homicidal self-help”
o       Theory behind self-defense is that somebody must protect themselves from IMMINENT force. 
§        With BWS, the element of imminence is relaxed, turns from imperfect self-defense to perfect self-defense – which leads to a complete acquittal
·        Rape
o       Basic Definition – (1) sexual intercourse (2a) by force or (2b) threat of force and (3) without consent
o       Model Penal Code
§        A male who has sexual intercourse with a female, not his wife, is guilty of rape if:
·        He compels her to submit by force or threat of imminent death, serious bodily harm, extreme pain or kidnapping, to be inflict on anyone; or
·        He has substantially impaired her power to apprise or control her conduct by administering or employing without her knowledge drugs, intoxicants, or other means for the purpose of preventing resistance; or
·        The female is unconscious; or
·        The female is less t6han 10 yrs old.

o       Difference between 1st and 2nd Degree Rape
§        Elevated to 1st Degree Rape if
·        1- In the course thereof, the actor inflicts serious bodily injury upon the victim, or
·        2- The victim was not a voluntary social companion of the actor upon the occasion of the crime and had not previously permitted sexual liberties
o       Sexual intercourse is defined as penetration – emission is not required
o       Ineffective Consent
§        Intercourse accomplished by threat
§        Woman incapable of consenting
§        Consent obtained by fraud (limited)
·        If victim is fraudulently caused to believe that the act is not sexual intercourse, the act of intercourse constitutes rape
o       Statutory Rape
§        Victim below the age of consent – crime of carnal knowledge of a female under the age of consent, even if the female willingly participated because the consent is irrelevant.
§        MISTAKE – statutory rape is a strict liability crime, thus, mistake is not a good defense to negate the mens rea

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