Justification/Excuse MPC Majority CL *NOTES*
Self-Defense
(justification)
MPC §3.04
-Belief that use of deadly force necessary to protect
against death, serious injury, kidnapping, or rape
(words are sufficient to create threat)
-Subjective regarding belief: but if negligent or
reckless is forming belief one can be charged with
level of homicide requiring those mens rea’s
*Duty to retreat: only if one subjectively knows
COMPLETE safety would result
-No duty in home or at work: No duty even if co-
occupant BUT or duty exists at work IF co-worker
*No defense if initial aggressor: unless one
withdraws and is then attacked
*Provoking other to use deadly force makes one
initial aggressor: words suffice
-Unlawful and immediate threat of imminent death/
bodily harm
*Words not enough but words with threatening body
language can be a threat
-Can only react with level of force being threatened with
-Honest and reasonable belief about threat
-Response must be necessary to save one’s own life
*Duty to retreat: if one knows it would avoid the need to
use deadly force
-No duty to retreat at home: UNLESS co-occupant is
attacking (Castle Doctrine)
-MPC says threat must be
immediate; -CL says threat
must be imminent
Necessity
(justification)
MPC §3.02
-Choose lesser of evils (utilitarian)
+Objective (more v. less harm)
-No law against action (Leno)
-If reckless or negligent in being in situation then no
defense for crime that has those requisite mens rea’s
*Taking life is OK if more are saved by action
-Clear and imminent danger
-Direct casual relationship b/w action and harm avoided
-No effective legal way to avoid
-Choose lesser evil as reasonably foreseeable at the time
-No legislation to punish action (Leno- syringes case)
-Allowed if natural forces causes decision to be made
*NO TAKING LIFE AT ALL
*Re: Prisoners (Lovercamp)
+6 issues to address (notes)
-Always lesser evil issue
(objective)
Duress
(excuse)
MPC §2.09
-Threat FROM OTHER PERSON of unlawful
force against person or family with a command
-Imminence NOT required but a factor
-Not reckless for being in situation
-If choose lesser evil can get both necessity and
duress defenses
*No defense if reckless for being in situayion
*No defense if negligent for being in the situation
and crime has negligence requirement.
*TAKING LIFE IS OK if reasonable
*No natural forces can be used as threat source
-Coercion from OTHER PERSON with threat of serious
bodily harm/death (threat can be to others)
+slight harm or property harm do not count as sufficient
-Present, Imminent, Pending harm
-Must be threat that would break a person with reasonable
fortitude and courage
-Well grounded apprehension (reasonableness)
*NO TAKING LIFE AT ALL
*Can’t be at fault for being in position
-Few places require
choosing lesser evil
-Few have subj. test on
courage
-Few have ‘imperfect’
defense for murder (makes
it manslaughter) because
can’t take life
Justifications and Excuses –Seigel Fall 2007
(Use outline and §4.01 for Insanity)
