30 Dec 2020
School
Department
Course
Professor
Jeff Koo
AJ 4
Criminal Law
Fall 2018
4 Units
● Bar to Prosecution
○ Immunity
■ diplomat/prosecutor/judge/police officer
■ for whatever reason under certain circumstances
○ Infancy
■ if the person is too young, they cannot be prosecuted.. considered
incompetent
○ incompetence to stand trial
■ diferent from insanity
■ I cannot understand the nature of the court proceedings and I cannot assist
my lawyer
■ Can be given medication to regain competence, if not, cannot be
prosecuted
○ Insanity
■ At the time of the crime I cannot appreciate my actions
○ Statute
■ Statute designed to protect and not criminalize behavior of young children
● Self-Defense/Defense of Others;
○ Fear of or threat of death or serious bodily harm
○ Must be subjectively afraid of a potentially lethal encounter
○ Fear must be objectively reasonable
○ Imminent threat of death or serious bodily harm
■ ‘Mere words’ standard does not apply to threats to bodily harm
○ The level of force must be a proportionate response
○ Defendant cannot be the initial aggressor
○ Duty to retreat
○ ONCE THERES A THREAT OF DEADLY FORCE, THERE IS A RIGHT TO
USE DEADLY FORCE.
○ Elements (52-53):
■ Must be actual, physical, serious, unlawful threat;
■ Must be actually/subjectively afraid of the threat;
● Can be based on person’s reputation as a bully, etc.
■ Fear must be objectively reasonable;
● False appearance ok – doesn’t matter if you are mistaken as to
whether person has a gun, as long as it was objectively reasonable
to believe this;
● Can also use reputation of aggressor here;
■ Harm must be imminent;
■ Response must be proportional;
■ Cannot be the initial aggressor (if so, then incomplete self-defense);