Justific.

1. Did Nothing Wrong
2. Self Defense
   1. Perfect Self Defense 4 Use of Deadly Force
      1. Genuine & rsbl belief of fear
         1. MPC ok's just honest fear
         2. CA now adm's expert testi. of battered women syndrome on this (see 10/30 4 more detail on BWS)
      2. Imminent force
      3. Unlawful force
         1. If D not innocent, cannot defend against lawful deadly / nondeadly force
      4. Deadly force
      5. Threatened w/future viol.
      6. Rsbl force in response was nec.
         1. Duty 2 retreat
            1. Maj. not req. retreat
            2. Min. req. retreat if safe 2 do so except in own home
      7. Nonaggressor / Innocent
         1. Nondeadly aggressor
            1. If was initial aggressor, then maj. & min. rq. retreat
         2. Deadly aggressor
            1. Can't defend against deadly force unless
               1. Stopped +
               2. Brings home 2 V of the cessation
   2. Imperfect Self Defense
      1. Genuine but Unrsbl Belief +
      2. All other elements
   3. Nondeadly Force 4 Self Defense
      1. Rsbl force
      2. Genuine & rsbl
      3. Unlawful
      4. Imminent
      5. Threatened w/future viol.
3. Defense of Others
   1. C /L
      1. If defend others, then stand in the person aided
   2. MPC & Modern
      1. Justified by rsbl appearance @ X person intervenes
      2. More follow modern trend
4. Defense of Prop.
   1. Never Justified 2 Use Deadly Force
   2. Can Use Rsbl Nondeadly Force
5. Apprehension
   1. C /L
      1. Can use rsbl deadly force 2 apprehend fleeing felon but not msdr
   2. Modern
      1. Can use deadly force only if create risk of death / great bodily harm /
      2. Presently dang. 2 arresting person
6. Crime of Prevention
   1. C /L allowed deadly force 2 prevent dang. felon
   2. Modern
      1. Deadly force only 2 prevent crime that create fear of death / great bodily harm
7. Defense of Habitation
   1. C /L
      1. Could use deadly force rsbly nec. 2 apprehend felon
   2. Spring Gun
      1. C /L, ok 2 use if householder himself could use force pers'ly
      2. MPC & CA say no
   3. CA Presumption
      1. Homeowner's use of force justifiable if entry into home

Excuse

1. Did Wrong But Excuse
2. Duress
   1. Choice of Evils When Threatened By Another Person
      1. No defense if have 2 kill @ C/L
      2. Now some allow 4 homicide
   2. Elements
      1. Threat of death / serious bodily harm
         1. Could B threat 2 another person, like your family
      2. Imm. threat
      3. Well grounded fear threat will B carried out
      4. No rsbl opp. 2 escape
      5. In prison escape cases, must turn self in
   3. MPC & Imperfect Duress
      1. Want mitig. 2 vol. mansl. 4 murder if forced 2 help kill
3. Nec.
   1. Choice of Lesser Harm Gen'ly Created By Nat.
      1. No defense 4 murder @ C/L
      2. Must weigh the evils & gen'ly not avail. unless + side involved (save life)
      3. Could have 4 killing 1 person if save many dep'ing on how choice made
   2. Elements
      1. Sit. involving a choice of evils
      2. Choice of lesser evil
      3. Axn 2 prevent imminent harm
      4. Causal cnxn btwn axn taken & avoidance of harm
      5. No legal alt's 4 avoidance of harm
   3. MPC Combines Duress & Nec.
4. Mistake
   1. Excuses if Negates Existence of S/M Essential 2 Crime Charged
      1. Gen'ly 4 specif. intent crimes
      2. Often works 4 purpose & knowledge & s.t. on neg. & reckless & none @ SL
   2. Of Fact
      1. Excuses if negates S/M
   3. Of Law
      1. Belief that conduct not prohibited by law / lack of awareness
         1. Gen'ly not excuse
         2. Exception if
            1. Leg. specif'ly prov's must have specif. intent 2 viol.
            2. Conspiracy where must have knowledge of law 4 malum prohibitum crimes gen'ly & not all agree
      2. Mistaken impression of legal effect of some collateral matter
5. Reliance on Auth.
   1. Stt / Ct dec. / Other Govt Auth.
      1. Leads D 2 believe conduct was lawful, govt barred from prosec. if in fact was unlawful
      2. Not allowed if ask own atty
6. Insanity
   1. If Excused, Put 2 Mental Hosp. Gen'ly
   2. Dif. Tests
      1. M'Naghten Test
         1. At X of crim. conduct
         2. As a result of mental disease / defect
            1. Not have 2 B perm.
            2. Could B vol. as long as last more than intoxication 2 B settled
         3. Incapable of knowing / understanding nat. & quality of act /
         4. Not knew btwn rt. & wrong
         5. CA adopted this but put and instead of or btwn 3rd & 4th
      2. ALI / MPC Test
         1. At X of conduct
         2. As result of mental disease / defect
         3. Lacks subst'l capacity 2 appreciate criminality (wrongfulness) /
         4. Conform conduct 2 reqt of law
         5. Intended 2 capture wider range of mental activity by using appreciate
      3. Irresistible Impulse
         1. At X of conduct
         2. As a result of mental disease / defect
         3. Lost pwr 2 choose btwn rt. & wrong
      4. Durham Rule
         1. Accused not crim'ly resp. if unlawful act was prod. of mental disease / defect
         2. Most like med. def.
   3. Raise Defense by Plea
      1. Sep. trial 2nd X
   4. No Imperfect Insanity / Diminished Capacity in CA
7. Use of Mental Illness Evid.
   1. Can't B used against gen. intent like malice
   2. Can B used 2 negate specif. intent even if not legally insane
   3. Unlike insanity, if successful, walk free
8. Automatism / Unconsc.
   1. Not Disease of Mind
   2. Vol. Intoxication
      1. No excuse

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Ms. Haeji Hong

January 15, 1998