ADJUS-121 Lecture Notes - Lecture 19: Deadly Force, Homicide
20 Jun 2020
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A person cannot use deadly force in self-defense if he could have retreated safely in from the unlawful attack. This is a limitation on the use of deadly force only. Does not apply if the person would be at risk during the retreat or if the person was in his home. A law enforcement officer is never required to retreat. About half the states follow this rule. Imperfect self-defense: under traditional law, the defendant believed he was under threat and used reasonable force, but he was not reasonable in that belief, and so is guilty of manslaughter. Mpc 3. 09: if defendant was unreasonable in his belief, he cannot be found guilty of murder but he can be found guilty of manslaughter if that unreasonableness meets the level of reckless. State can place the burden of proof on whomever it wants. Most states only require that the defendant raise a reasonable doubt.
