Self Defense

o       Elements

§        1- Δ must have been resisting the present or imminent use of unlawful force

§        2- Δ must have used no more force than was reasonably necessary to defend against the threatened harm

§        3- Force used by Δ may not be deadly unless the force being resisted is deadly in nature

§        4- Δ must not have been the initial aggressor, unless;

·        Δ was a non-deadly aggressor confronted with the unexpected use of deadly force, OR

·        Δ withdrew after his initial aggression and the other party continued to attack

§        5- Δ must not have been in a position from which he could have retreated with complete safety, unless;

·        At home, or in the place of employment

o       Imperfect Self Defense – if all five elements cannot be satisfied, the result is mistaken justification voluntary manslaughter

§        Often, the 2nd element is the one failed

·        Defense of Others

o       When asserted successfully results in an acquittal (Perfect Self Defense)

o       Reasonableness Test – when it is reasonable to do so

§        Determined on a case by case basis

o       Stands in the Shoes Of – A and X are in some sort of physical altercation.  B comes to defend A.  Is B going to have a good defense of others?

§        B stands in the shoes of A. 

§        If A would’ve satisfied the elements of self defense, then B would have the same successful defense

·        Battered Spouse Syndrome

o       Learned Helplessness – psychological term assigned to reason wife doesn’t leave her husband and pursue other alternatives under battered wife syndrome

o       Has been called “homicidal self-help”

o       Theory behind self-defense is that somebody must protect themselves from IMMINENT force. 

§        With BWS, the element of imminence is relaxed, turns from imperfect self-defense to perfect self-defense – which leads to a complete acquittal

·        Rape

o       Basic Definition – (1) sexual intercourse (2a) by force or (2b) threat of force and (3) without consent

o       Model Penal Code

§        A male who has sexual intercourse with a female, not his wife, is guilty of rape if:

·        He compels her to submit by force or threat of imminent death, serious bodily harm, extreme pain or kidnapping, to be inflict on anyone; or

·        He has substantially impaired her power to apprise or control her conduct by administering or employing without her knowledge drugs, intoxicants, or other means for the purpose of preventing resistance; or

·        The female is unconscious; or

·        The female is less t6han 10 yrs old.

o       Difference between 1st and 2nd Degree Rape

§        Elevated to 1st Degree Rape if

·        1- In the course thereof, the actor inflicts serious bodily injury upon the victim, or

·        2- The victim was not a voluntary social companion of the actor upon the occasion of the crime and had not previously permitted sexual liberties

o       Sexual intercourse is defined as penetration – emission is not required

o       Ineffective Consent

§        Intercourse accomplished by threat

§        Woman incapable of consenting

§        Consent obtained by fraud (limited)

·        If victim is fraudulently caused to believe that the act is not sexual intercourse, the act of intercourse constitutes rape

o       Statutory Rape

§        Victim below the age of consent – crime of carnal knowledge of a female under the age of consent, even if the female willingly participated because the consent is irrelevant.

§        MISTAKE – statutory rape is a strict liability crime, thus, mistake is not a good defense to negate the mens rea