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Self-Defense

Courvoisier v. Raymond (Colo. 1896), p. 65. At trial: jury verdict for Plaintiff.What error by trial judge claimed on appeal?How was D prejudiced by that instruction?What should the trial judge have told the jury?Is that consistent with RS approach?. Self-Defense Requirements. 1. Defendant reaso

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Self-Defense

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    1. Self-Defense

    2. Courvoisier v. Raymond (Colo. 1896), p. 65 At trial: jury verdict for Plaintiff. What error by trial judge claimed on appeal? How was D prejudiced by that instruction? What should the trial judge have told the jury? Is that consistent with RS approach? T.ct. error: told jury there had to be an actual assault occurring for def to have self-def priv. (top 67) ap ct: okay if “fears were reasonable under the circumstances” (68) RS? Also excuses reasonable fear (59) P need not be cause of errorT.ct. error: told jury there had to be an actual assault occurring for def to have self-def priv. (top 67) ap ct: okay if “fears were reasonable under the circumstances” (68) RS? Also excuses reasonable fear (59) P need not be cause of error

    3. Self-Defense Requirements 1. Defendant reasonably believes that s/he was about to be intentionally harmed. Need not be correct as long as reasonable Courvoisier; RS 2. Only reasonable force is used. Otherwise, liable for excessive force Deadly force only reasonable if reasonably fear death or serious bodily harm (minority and RS) also require retreat before using d.f. if (1) safe to do so, and (2) not at home.

    4. Retreat What American values are in conflict on the issue of retreat? Right to stand one’s ground “The true man” need not fly in the face of danger, said Indiana Supreme Court retreat is “contrary to the tendency of the American mind”, said Ohio Supreme Court. Value of human life human life more valuable than avoiding the appearance of cowardice, said Oregon Sup. Ct. Better view?Better view?

    5. Outlining tip Self-Defense Reasonable grounds to fear battery only reasonable force used [in minority & RS] r etreat before deadly force if safe and not at home. Policy dispute: right to stand one’s ground v. cost of human life

    6. Outlining -2 Self-defense =reasonable grounds & force minority=retreat b.f.using d.f. unless home & safe

    7. Self-Defense Requirements 1. Defendant reasonably believes that s/he was about to be intentionally harmed. Need not be correct as long as reasonable Courvoisier; RS 2. Only reasonable force is used. Otherwise, liable for excessive force Deadly force only reasonable if reasonably fear death or serious bodily harm (minority and RS) also require retreat before using d.f. if (1) safe to do so, and (2) not at home.

    8. Outlining -2 Self-defense =reasonable grounds & force minority=retreat b.f.using d.f. unless home & safe

    9. Problem 3 (p. 62) What are the issues? Battery? Easy case for P if no privilege intent? Yes harmful contact? Yes Self-defense privilege? Reasonable grounds? Controverted Reasonable force? D probably okay Duty to retreat? What facts needed?

    10. Reasonable grounds? Directed verdict for D? What facts should be pointed out to jury?

    11. Retreat? Which jurisdiction? Safe? Dwelling? Is storage room “safe”. Counter? Enough time to think? To go?Is storage room “safe”. Counter? Enough time to think? To go?

    12. Playing to Prejudice How might P’s lawyer play the race card if she is before a mostly black jury? What might D’s lawyer do if before a mostly white jury? What should they do? When is reference to race of parties relevant? How does the law attempt to minimize the bias of jurors? 1. P could suggest that D unreasonably assumed that all blacks are dangerous criminals. 2. D could suggest that any white person would fear for his life when a black man with his collar up and hat down enters with a long object. 3. Only use if genuinely relevant: but no litmus test. Here? How sort out race-baiting from pointing out legitimate concerns? [Last year’s jury said not relevant (2 classes differed on verdict bc different assumptions about retreat options)] LARGELY SELF-POLICING (YOU KNOW YOUR MOTIVES. NB: may not need to “play” these cards bc jury will see. Jury challenges: Can lawyers “pick” a biased jury? No, they only veto. for cause peremptory--some debate about how to use . Why? Can veto entire classes of members. 1. P could suggest that D unreasonably assumed that all blacks are dangerous criminals. 2. D could suggest that any white person would fear for his life when a black man with his collar up and hat down enters with a long object. 3. Only use if genuinely relevant: but no litmus test. Here? How sort out race-baiting from pointing out legitimate concerns? [Last year’s jury said not relevant (2 classes differed on verdict bc different assumptions about retreat options)] LARGELY SELF-POLICING (YOU KNOW YOUR MOTIVES. NB: may not need to “play” these cards bc jury will see. Jury challenges: Can lawyers “pick” a biased jury? No, they only veto. for cause peremptory--some debate about how to use . Why? Can veto entire classes of members.

    13. Friday, Assmt #11 Courtroom

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