Self Defense, First Aggressor
Deadly first aggressor (affirmative unlawful act for purpose of causing deadly affray) loses right of self defense unless successfully communicates desire to withdraw and withdraws.
Non Deadly first aggressor - some allow self defense, others don't.
Sometimes get imperfect self defense (VM) if you were a non-deadly first aggressor who did not attempt retreat in a retreat jurisdiction, or respond to non-deadly force with deadly force.
Non Deadly first aggressor - some allow self defense, others don't.
Sometimes get imperfect self defense (VM) if you were a non-deadly first aggressor who did not attempt retreat in a retreat jurisdiction, or respond to non-deadly force with deadly force.
Tags: Self Defense
Quelle:
Quelle:
Self Defense, Transferred Intent
A = first deadly aggressor
B fires at A, misses and kills innocent bystander.
Could (1) give B reckless manslaughter, (2) give B nothing, (3) give A reckless murder or manslaughter b/c of Kibbe test (responsive, not abnormal)
B fires at A, misses and kills innocent bystander.
Could (1) give B reckless manslaughter, (2) give B nothing, (3) give A reckless murder or manslaughter b/c of Kibbe test (responsive, not abnormal)
Tags: Self Defense
Quelle:
Quelle:
Kartensatzinfo:
Autor: stgillian
Oberthema: Law
Thema: Criminal Law
Veröffentlicht: 26.03.2010
Tags: Cases
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