POLI 3120 Lecture Notes - Lecture 7: Castle Doctrine, Murder 2
22 May 2018
School
Department
Course
Professor
Guests. Justification and Stand Your Ground.
I. Ped Mall: shooting.
a. Confrontation occurs, 5 assailants.
b. Client seen gun pulled by another person.
i. Client shoots 5 bullets. Hits 3 people
c. Under old statute: you had a duty to run and hide.
d. No, you do’t hae to retreat to use deadly force
e. Justified:
i. Not just justified in that you are trying to hurt me
ii. Justified in that you are trying to hurt other people
f. Current statute:
i. You can be wrong about whether there is an actual threat. As long as a
reasonable person would perceive there to be a reasonable threat. And you
have to show that the amount of force used was reasonable.
II. Stand your grand
III. Mutual oat: if parties agree to fight, the justifiatio is’t ale to e used.
IV. Your intent to kill a person transfers if you miss but hit another person
a. Works for justification too. If you intend to preserve your own life justifies whoever
might have been hit.
b. But, if you indicate your intent to withdraw, then you can use justification
V. State has to file an indictment within 45 days, and 10 days to ensure bond
VI. Felony Iowa:
a. Have to have two distinct acts to constitute felony murder.
VII. Castle doctrine
a. My home is my castle.
b. Never have a duty to retreat from own home
c. The new statute makes the castle doctrine apply to where you are.
VIII. Rewrote statute:
a. No standard for what it takes to be immune.
b. A lot of variance in how judges handle immunity questions
Lesser included of Murder
Murder 1
Murder 2
VM
Involuntary Manslaughter: public offense
Involuntary Manslaughter: Reckless Act
Specifically read the things Peter sent and what we talk about.
Know the cases
find more resources at oneclass.com
find more resources at oneclass.com
