CJL 4110 Lecture Notes - Lecture 10: Mens Rea, English Law, Forcible Entry
6 Dec 2015
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Unprovoked or if they withdrawal their provocations under a reasonable person standard. Necessity/ imminence important, reasonable person standard. Proportionality given nature of reasonable threat. Reasonableness (i think, on the board he wrote it as. Objective standard they would have to think they"re being threatened and reasonable person standards. Retreat old english common law if not in castle, if person could reasonable retreat they must ~ deescalate. This became a minority rule so it is not required in certain circumstance. Defense of property: someone you are with is being unprovokely threatened, imminence threat. Occupied conveyances proportion to respond will increase. Prime your pumps: the book refers to fl stand your ground laws . Doesn"t mention provocation, so assume it still is others relevant with common law. Proportionality use deadly force when feel needs be felony: 2) focuses on use of deadly force broadened to a forcible.
