CCJS230 Chapter 5 Defenses to Criminal Liability Criminal Conduct a criminal act triggered by criminal intent Justification defenses defendants admit they were responsible for their acts but claim that under the circumstances what they did was right justified Excuse defenses defendants admit what they did was wrong but claim that under the circumstances they weren t responsible for what they did Statutes that expand the right to use deadly force to protect self and home in two ways o They permit a home resident to kill an intruder by presuming rather than requiring proof of reasonable fear of death or serious bodily harm o They reject a general duty to retreat from attack even when retreat is possible not only in the home but also in public space Proving Defenses Failure of proof defenses the defendant only has to raise a reasonable doubt about the prosecution s proof of just one element in the crime Affirmative defenses defendants have to start matters off by putting in some evidence in support of their justification or excuse defenses Perfect defenses defenses in which defendants are acquitted if they re successful Imperfect defense when a defendant fails in the full defense but is found guilty of a lesser offense Mitigating circumstances circumstances that convince fact finders judges or juries that defendants don t deserve the maximum penalty for the crime they re convicted of Self Defense Self defense is a grudging concession to necessity It s only good before law when three circumstances come together The necessity is great It exists right now It s for prevention only tomorrow NOT ALLOWED Preemptive strikes using force to prevent an attack that s going to take place Retaliation not allowed Unprovoked Attack The defender didn t start or provoke the attack Initial aggressor someone who provokes an attack and can t then use force to defend herself against the attack she provoked Withdrawal exception if initial aggressors completely withdraw from attacks they provoke they can defend themselves against an attack by their initial victims Necessity Defenders can use deadly force only if they reasonably believe it s necessary to repel an imminent deadly attack namely one that s going to happen right now Imminent danger of attack the danger is right now Proportionality Defenders can use deadly force only if the use of non deadly force isn t enough to repel the attack Excessive force isn t allowed Reasonable Belief the defender has to reasonable believe that it s necessary to use deadly force to repel the imminent deadly attack U S v Haynes 1998 Facts Nelson Flores Pedroso was playing dominoes in the cafeteria of the federal prison in Wisconsin when Charles Haynes emerged from the kitchen and poured scalding oil on his head Severely burned over 18 of his body was guilty of assault and was sentenced to 33 months imprisonment Appealed and said it was self defense Pedroso threatened him by making him do favors for him Pedroso slammed Haynes into the ground the day before and claimed that after lunch that day he would finish what he started Issue is a sneak attack considered self defense Holding Haynes wasn t able to use the self defense because he did not report any of the harassments to the prison guards who would have been able to protect him Case affirmed People v Goetz 1986 Facts Canty Cabey Ramseur and Allen boarded a subway train headed towards Manhattan Demanded Bernhard Goetz for 5 in response Goetz took out his gun and shot 4 rounds into the youths Shot again after surveying his scene Surrendered to police on Dec 31 Admitted he had been illegally carrying a handgun for 3 years Claimed he had been injured from a mugging in 1981 and was able to show his pistol to ward off assailants another time Charged with attempted murder and criminal possession of a weapon Indicted on 1 count of criminal possession of weapon in the 3rd degree o For the gun in the subway shootings 2 counts of criminal possession of a weapon in the 4th degree o possessing other two guns in his apartment building Court dismissed the attempted murder charges Was then given a 10 count indictment containing 4 charges of attempted murder four charges of assault in the first degree one charge of reckless endangerment in the 1st degree 1 charge of a criminal possession of a weapon in the second degree Issue Was Goetz conduct a use of deadly force Holding The order of the Appellate Division was reversed and the counts of the indictment reinstated dismissed Retreat Stand your ground rule if you didn t start a fight you can stand your ground and kill to defend yourself without retreating from any place you have a right to be Retreat rule you have to retreat from an attack if you reasonably believe 1 That you re in danger of death or serious bodily harm 2 That backing off won t unreasonably put you in danger of death or serious bodily harm Castle exception when you re attacked in your home you can stand your ground and use deadly force to fend off an unprovoked attack but only if you reasonably believe the attack threatens death or serious bodily injury Domestic Violence Cohabitant exception in the exception jurisdictions that follow the retreat rule people who live in the same home don t have to retreat State v Stewart 1988 Facts Peggy Stewart married Mike Stewart in 1974 Long history of abuse against Peggy and her two daughters After first year of marriage exhibited psychological problems Mike encouraged Peggy to take more than her prescribed dosage of medication Peggy confronted him of having sexual conduct with his daughters and Mike held a gun to her head and threatening to kill her Mike kept telling her she won t be here long etc Took a gun she found and hid it in a room While he was sleeping she killed him Issue Was she committing self defense in the act of killing her husband in his sleep Holding No she was not justified in killing her husband as self defense because he was asleep at the time and was not an imminent threat Defense of Others Many states have abandoned the special relationship requirement Defense of anyone who needs immediate protection from attack is considered self defense Defense of Home and Property Modern statutes limit the use of deadly force to cases where it s reasonable to believe intruders intend to commit crimes of violence homicide assault rape robbery against occupants Curtilage the area immediately surrounding the home Choice of Evils The General Defense of Necessity Choice of evils