CHAPTER SEVEN

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CHAPTER SEVEN

• DEFENSES TO CRIMINAL LIABILITY JUSTIFICATIONS

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Defenses

• Types
• Alibi
• Justification
• Excuses
• Perfect v. imperfect defense
• Mitigating circumstances

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Affirmative Defenses

• Burden of productionsome credible evidence
• Burden of persuasionby preponderance of evidence
• New York lawafter some credible evidence,
  disprove beyond a reasonable doubt

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Self-DefenseNew York Law

• Reasonably believe use or imminent use of
  unlawful physical force
• Cannot provoke
• Cannot be initial aggressor unless withdraw and
  say so
• Can use force reasonably necessary to stop or
  prevent

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Self-DefenseNew York Law

• Deadly force
• Reasonably believe other using or about to use
  deadly force
• Must retreat if safe, unless
• In home and not initial aggressor
• Police
• Reasonably believe other committing or attempting
  to commit
• Kidnapping, forcible rape
• Forcible sodomy, robbery

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Self-Defense

• State v. Pranckus
• People v. Goetz
• Imminent dangerwhats required?
• State v. Stewart
• State v. Cramer
• State v. Gallegos
• Jahnke v. State

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Retreat Doctrine

• Retreat rulehave to retreat if wont put you in
  danger
• Stand-your-ground ruleno retreat if didnt start
  fight
• Castle exceptionno retreat if in your home
• U.S. v. Peterson

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Defense of Others

• Can defend 3rd party if they could defend
  themselves
• Same in New York

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Defense of Home and Property

• New York law
• Person in control of premises
• Use physical force
• To prevent or terminate trespass
• NO deadly force
• Law v. State

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Choice-of-Evils Defense (Necessity)

• Queen v. Dudley and Stephens
• Conduct necessary to avoid harm if
• Harm to be avoided greater than harm of
  committing crime
• No statutory exceptions or defenses
• No legislative intent to exclude defense
• What if your are reckless or negligent in
  bringing about the situation?

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Choice-of-Evils Defense (Necessity)

• Steps
• Identify the evils
• Rank the evils
• Choose the lesser evil
• What is the reasoning behind this defense?
• State v. Ownbey

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Consent

• Not a justification
• Exceptions
• No serious injury
• Sporting event
• Conduct benefits person who consents
• Requirements
• Voluntary and knowing
• Competent to consent
• No fraud or deceit
• Not forgiveness after the fact

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Consent

• State v. Shelley
• Note cases
• State v. Hiott
• State v. Brown
• State v. Fransua

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DEFENSES TO CRIMINAL LIABILITY JUSTIFICATIONS

• END CHAPTER SEVEN