12 Why did the majority suggest that even if a jury considered the threat to

12 why did the majority suggest that even if a jury

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12. Why did the majority suggest that even if a jury considered the threat to Norman imminent (due to battered spouse syndrome) the requirements for the defense were still lacking? 13. Why did the dissent conclude that Norman was entitled to a self-defense instruction? a. Because it wanted to adopt a new triggering requirement? OR b. Because it applied a contextual assessment of a reasonable judgment of imminence? 14. How does the MPC “immediate necessity” trigger better account for cases like Norman’s?
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Self Defense II & Necessity 1. What is the common law “retreat” rule? 2. What are the two traditional limits on the requirement to retreat? a. . b. . 3. What is the “curtilage” and why did the court reject extending the Castle Exception to the curtilage in P. v. Riddle? a. Is this the majority or minority rule in the US? b. What other “places” has the Castle doctrine been extended to in some states? c. What is the impact of a “stand your ground” law? 4. Should the jury have been instructed that if Riddle honestly and reasonably believed retreat would not protect him, it was not required? 5. Why was the “first aggressor” denied the right to assert self-defense at CL? a. What was required to reclaim the right at CL? b. What is required to reclaim the right in the MPC? 6. What is the proportionality requirement? 7.What is the common law modified concept of imperfect self-defense? a.Results from a jury finding that D . . .b.Nullifies . . .c.D is therefore guilty of . . . 8. Why did the court reject the assertion of imperfect SD in P. v. Elmore? 9. Does the right of SD “transfer” to a third party who intervenes to defend someone else? 10. What is meant by the CL “alter ego” rule? 11. How does the MPC (and most modern jurisdictions) modify the common law “alter ego” rule?
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12. When was an individual entitled to use deadly force in defense of habitation at common law? a. Defendant reasonably perceives the home is or is about to: b. Defendant reasonably perceives the intruder intends to commit: 13. Why did the CL (and most modern JXs) prohibit the use of deadly force to protect property? a. Why does the law prohibit the use of mechanical devices to protect property? 14. What is the basic concept of the general “necessity” defense? 15. What are the “elements” of a valid necessity defense? 16. What are the three primary differences between necessity and duress? 17. Why did the CL prohibit necessity or duress as a defense to murder? a. What is the MPC approach? b. What is the Felony Murder exception?
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Duress & Intoxication 1. Why can’t a defendant who confronts duress claim defense of others to justify his conduct?
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  • Spring '10
  • SUSANW.CRUMP
  • Test, criminal law

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