AJ 4 Lecture Notes - Lecture 20: Ant-Zen, Homicide

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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);
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