CL Retreat rule D has duty to retreat to the wall Retreat so long as you

Cl retreat rule d has duty to retreat to the wall

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(CL) Retreat rule D has duty to retreat to the wall. Retreat so long as you believe retreat is reasonably safe to protect you and get you out of danger (and no further). You always had the right to stand your ground so long as retreat wasn't safe. Castle Doctrine Not required to retreat in your own home. Cleaning Hands (CL) tell victim you're out of the fight (MPC) tell victim or if victim responds with excessive force. Necessity (Self Defense) You cannot trade human life for property. No use of deadly force to protect property General Necessity (CL) Only invoke necessity if your own life was in peril (Modern) Your life or somebody else’s life Requirements for Necessity You must cease the criminal activity at the first reasonable opportunity Necessity negates the illegality of the conduct, so alleged accomplice can claim it as well Cannot self generate necessity At CL, cannot use as a defense to murder (CL) Necessity for felony can negate the felony for felony murder (MPC) Necessity jury judges your judgment of greater good was valid Duress External threat from another. Still unlawful, but made allowable personal defense Negate MR. Duress vs Necessity Necessity negates the criminality, Duress negates the responsibility for the criminality. Necessity – almost always non human force (nature), act of free will Duress – must be human pressure, must be unlawful threat Imperfect Self Defense Must have been honest and reasonable Perfect Self Defense honest and reasonable judgment of necessity (CL) Perfect or nothing, If you lose in (CL) you get malice PERFECT (not guilty) or MALICE (murder)
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(Modern CL) Imperfect Self Defense - honest but objectively unreasonable judgment of homicidal necessity Erases Malice. Does not erase unlawful. Intentional Killing. Voluntary Manslaugher Same effect as sudden heat of passion. Defense of Others (CL) alter ego doctrine - you step into their shoes, you must be right, not believe. (CL) if person you defend did not have a right to defend themselves, you can't (MPC) reasonable judgment rule REMEMBER: you can only use self defense against an unlawful threat Defense of habitation You are allowed to use deadly force to protect your home from invasion from what you reasonably perceive to be a violent felon. Mental Disease M’Naughten Either A. Don’t know what you’re doing or B. Know what you’re doing, but you don’t think its wrong. Irresistible Impulse (MPC) Mental Disease Combines M’Naughten and Irresistible impulse Cognition or Volition D is not guilty if he didn't know what he was doing was wrong But even though he knew it was wrong, he couldn't stop Competency 1. D understands the nature of proceedings 2. D is able to assist in his own defense (communicate with defense) Can be made medically competent with drugs If not competent, delays trial until competent Involuntary Intoxication Renders somebody insane.
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  • Spring '10
  • criminal law

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