Exam 4: Justification Defenses

If the aggressor ______________ in some fashion and later uses force in self-defense, he or she may escape criminal liability.

Which defense may only be claimed in the case of an unprovoked attack?

Based on the rule of proportionality, the act of self-defense must include what level of force?

Defenses that result in the defendant being convicted of a lesser crime, but do not result in an acquittal, are known as perfect defenses.

A suspect's prior conduct or criminal history does not effect the officer's decision to use deadly force against that suspect.

At common law, the victim of an unlawful arrest could use as much force necessary to resist an illegal arrest with the exception of _________________.

The Supreme Court held that all claims that law enforcement officers have used excessive force-deadly or not-in the course of an arrest, investigatory stop, or other "seizure" of a free citizen, should be analyzed under the Fourth Amendment and its __________________ standard.

Assume Dylan stole Alex's soccer ball, but almost immediately returned it because he found his own ball. This is an example of what type of defense?

If a situation arises where an arrest is an unlawful arrest, what force may the victim use to resist the illegal arrest?

The Model Penal Code sanctions the use of _____________ force in "self-protection" when "the actor believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force by such other person on the present occasion."

A person is justified in using _______________ force to protect another from the unlawful use of force by an aggressor.

FBI training for deadly force states that, if feasible, and if doing so would not increase the danger to the agent or to others, a verbal warning to submit to the authority of the agent should be given prior to the use of deadly force.

A man fishing in a bay in San Diego discovers a man who had been wade-fishing during low tide. The man had stepped into a hole between two large sections in a coral reef. The fisherman attempts in vain to free the man before the rising tide overwhelms the man. The fisherman determines that the only hope of freeing the man before he succumbed to the rising tide was to amputate the man's foot. The man has passed out because of the painful cuts received from the coral. The fisherman proceeds to amputate the man's foot; frees him from the coral; and revives him once he is back on the nearby beach. The fisherman calls 911 and stays with the man until the ambulance arrives. Once the man regains his health, he files charges against the fisherman for aggravated assault and files a civil suit as well. Explain what charges the man will be able to file, if any. Does the man have a case? Will a civil suit prevail? If so, why? If not, why?

A defense of necessity will likely succeed if a person drives on a suspended license, a relatively minor crime, to take a sick loved one to the hospital.

A man and his wife leave a nightclub and are confronted by a robber wielding a knife as they reach their car. The robber threatens to kill them if they do not give him all their money and jewelry. The husband assures the robber that he left his wallet in the car. The robber tells him to retrieve the wallet, but to be careful because he will kill the man's wife if he tries any tricks. The man actually retrieves a loaded pistol; turns and fires the weapon; killing the suspect. What charges will be filed against the man, if any? Does the husband rely on lawful use of force? Why? Why not?

What theory has underlying justification defenses based on the idea that a superior interest justifies criminal conduct in some situations?

Battered woman syndrome rarely succeeds as a defense when the abuser is __________ when he posed no immediate danger.

What conditions must be met in order for a claim to succeed under the Model Penal Code?

Statute of limitations is the maximum amount of time allowed by law to seek prosecution for certain crimes or offenses.

George has been having problems with someone burglarizing his home on numerous occasions, especially during Christmas season. The unknown suspects have cost George a considerable amount of money and because he lives in a rural area the burglar alarm system he bought offers no help because the suspects are long gone before law enforcement is able to make the scene. George decides that this Christmas he is going to take matters into his on hands. He creates a spring trap at the front and back doors of his home. The spring action fires a shotgun loaded with buckshot from either location. The only clear access into the home is through the locked garage. George and his family decide to go to the movies. During their absence, the burglars strike again. This time they decide to force entry through the back door. The first suspect is killed instantly, but the other suspect is only wounded. He flees the scene on foot, leaving a blood trail into the wooded area behind George's home. Law enforcement responds because the alarm was tripped when the backdoor was forced open. They circle the house before trying to enter and discover the body of the one suspect still at the scene. They also observe the spring trap left by George. They follow the bloody trail and discover a teenage boy lying in a pool of blood about fifty yards inside the wooded area. He is still alive. The officers call for Care Flight and stay with the boy until the helicopter arrives. What charges will the officers file against the remaining suspect? Will any charges be filed against George? Why or why not? What if George had set the traps to protect his family while he was away on a business trip and the family was home when the suspects attempted to enter the home? What charges would be filed against George, if any? Would George have any defense to prosecution? Would the suspects have any defense to prosecution?