Justifications
Justification Defenses: the technical commission of a criminal act is viewed by society as justified and thus not appropriate for criminal punishment. The act was right, not just excused.
Categories
- Self-Defense — reasonable belief in necessity of force to repel an imminent unlawful attack.
- Defense of Others — reasonable belief that another is being subjected to an unlawful use of force.
- Defense of Dwelling — limitations on use of deadly force against intruders.
- Necessity / Choice of Evils — violation of law to avoid a greater harm.
Common Threads
- Honest and reasonable belief that the conduct was necessary.
- Imminence (or, MPC: "immediately necessary on the present occasion").
- Proportionality of force.
- Clean hands (∆ not the aggressor).
Cases
- Brown v. United States, 256 U.S. 335 (1921) — no duty to retreat (Holmes).
- State v. Marr, 765 A.2d 645 (2001) — perfect vs. imperfect self-defense.
- Bechtel v. State, 840 P.2d 1 (Okla. Crim. App. 1992) — battered-defendant self-defense.
- State v. Anderson, 972 P.2d 32 (Okla. Crim. App. 1998) — defense-of-dwelling.
- State v. Crawford, 521 A.2d 1193 (Md. 1987) — necessity.