CJS E211 Lecture Notes - Lecture 15: Deadly Force, Affray
Document Summary
A justification defense deems conduct that is otherwise criminal to be socially acceptable and non-punishable under the specific circumstances of the case. Justification focuses on the nature of the conduct/actions under the circumstances. (d did the right/permissible thing or at least did nothing wrong in causing the outcome that occurred his behavior was morally or socially desirable) Common law a non-aggressor is justified in using force upon another if he reasonably believes that such force is necessary to protect himself from imminent use of unlawful force by the other person. However, the use of force must not be excessive in relation to the harm threatened. One is never permitted to use deadly force to repel a non-deadly attack. Common law rule d is justified in using deadly force in self-protection only if the d reasonably believes that its use is necessary to prevent imminent and unlawful use of deadly force by the aggressor.
