LAW 604 Lecture Notes - Lecture 8: Model Penal Code, Castle Doctrine, Deadly Force
Document Summary
1: sexual intercourse compelled by force or threat. Can use force if it is immediately necessary : ex. If he says he"s going to poison the well, you can shoot him if it"ll be your last chance before he got to the well, even if he won"t poison it right away. Common law: generally a person is justified in using force to protect at third party. Could only use force if the person in-fact could. Now, a reasonable belief that they could is enough: current rule: reasonable appearance person could use force in self defense. Model penal code: generally a person is justified in using force to protect at third party. The intervener"s right to use force mirror"s the person"s right to use force in self- defense. Model penal code: mpc allows deadly force only if you believe that the person is trying to dispossess you of your dwelling and does not have a claim of right to do so.
