Justifying Circumstances

Question 1

First justifying circumstance

Answer 1

Self-defense; anyone who acts in defense of his persons or rights

Question 2

Requisites of self-defense

Answer 2

1. ) Unlawful aggression;
2. ) Reasonable necessity of the means employed to prevent or repel it
3. ) Lack of sufficient provocation on the part of the person defending himself

Question 3

In unlawful aggression, danger must be ____ or _____.

Answer 3

Actual or imminent

Question 4

The defense of person means the defense of ___. (2)

Answer 4

Life or limb

Question 5

The defense of rights may include _____. (3)

Answer 5

1. Honor
2. Property
3. Home

Question 6

Actual danger means that ______.

Answer 6

Danger is present or is actually in existence.

Question 7

Imminent danger must be _____. (2)

Answer 7

1. ) Offensive

2. ) Positively strong

Question 8

What should be considered in the determination of the the existence of unlawful aggression?

Answer 8

The circumstances as the accused perceived them at the time of the incident.

Question 9

Test in determining the existence of unlawful aggression based on the circumstances as the accused perceived them.

Answer 9

1. ) Whether his subjective belief as to the imminence and seriousness of the danger is reasonable;
2. ) The reasonableness of his belief must be viewed from his standpoint at the time he acted

Question 10

Test in determining the reasonable necessity of the means employed to prevent or repel unlawful aggression (2)

Answer 10

1. ) Necessity of the course of action taken

2. ) Necessity of the means used

Question 11

Necessity of the course of action taken is dependent upon the ______.

Answer 11

Existence of unlawful aggression.

Question 12

Necessity of the means used means __________.

Answer 12

The means employed must be rationally neccessary.

Question 13

Necessity of the means are dependent upon _____. (3)

Answer 13

1. ) Nature and quality of weapons
2. ) Physical condition, character, and size
3. ) Other circumstances

Question 14

The third requisite in self-defense exists under these circumstances. (4)

Answer 14

1. ) When there is no provocation at all
2. ) When there is provocation but not sufficient
3. ) When the provocation was sufficient but it was not given by the person defending himself
4. ) When even if the provocation was given by the person defending himself, it was not proximate and immediate to the act of aggression

Question 15

Battered woman syndrome, as a defense, is valid even with the absence of any of the elements of self-defense provided that they experience the battering cycle twice. What comprises of the battering cycle?

Answer 15

1. ) tension-building phase
2. ) acute battering incident
3. ) tranquil, loving phase

Question 16

Rational equivalence

Answer 16

The proportionateness does not depend upon the harm done but rests upon the imminent danger of injury.