23Criminal Law

Defenses: Justification

Self-defense, defense of others, defense of property, necessity, and consent as justification defenses. A justified act is lawful — the defense negates the wrongfulness of the conduct. The week examines proportionality, imminence, reasonable belief, and the initial aggressor rules with detailed application to homicide, assault, and property scenarios.

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Learning Objectives

Apply self-defense requirements: reasonable belief, imminence, proportionality, not the initial aggressor
Analyze the duty to retreat (minority rule) vs. stand your ground (majority)
Distinguish justification (act is lawful) from excuse (act is wrong but actor not punishable)
Apply defense of others under the modern reasonable-appearance standard
Analyze necessity/choice of evils: harm avoided must outweigh harm caused; never for homicide
Examine consent as a defense and its limits (cannot consent to serious bodily harm)

Key Rules

Self-defense: Reasonable, proportional force against imminent unlawful threat. Deadly force only against death/serious bodily harm. Initial aggressor forfeits right unless they withdraw + communicate or victim escalates disproportionately.
Defense of others (modern): Defendant may use force when they reasonably believe the third person faces imminent unlawful attack. Judged by reasonable appearances to the defendant.
Necessity/choice of evils: (1) Clear imminent danger, (2) no legal alternative, (3) harm avoided outweighs harm caused, (4) defendant did not create the situation. Never available for intentional homicide.
Defense of property: Reasonable non-deadly force to protect property. Deadly force NEVER permitted solely to protect property (only if threat to person exists — then it's self-defense).
Consent: Valid defense when victim has capacity, consents voluntarily, and the conduct does not violate public policy. Cannot consent to serious bodily harm or death.

Defenses: Justification

Justification vs. Excuse

| Justification | Excuse | |---|---| | Act is LAWFUL | Act is WRONG | | Society approves | Society disapproves but does not punish | | Self-defense, necessity, defense of others | Insanity, duress, intoxication |

Self-Defense (Detailed)

Requirements:

1. Unlawful threat against defendant 2. Imminence — threat must be NOW (not past, not future) 3. Proportionality — force must match threat level 4. Reasonable belief — objectively reasonable 5. Not initial aggressor (with exceptions)

Deadly Force

Permitted ONLY when defendant reasonably believes they face death or serious bodily harm.

Stand Your Ground vs. Duty to Retreat

- Majority (stand your ground): No duty to retreat before using force - Minority (duty to retreat): Must retreat if safely possible before using deadly force. NO duty to retreat from one's own home (castle doctrine)

Initial Aggressor Rule

The person who starts the fight cannot claim self-defense UNLESS: 1. They withdraw and communicate withdrawal, OR 2. The victim escalates to deadly force against non-deadly aggression

Defense of Property

- Reasonable NON-DEADLY force to prevent unlawful interference with property - Spring guns/booby traps: NEVER permitted — cannot use deadly force to protect property - Request to desist required first (if practical)

Baby Bar Connection

Self-defense is the most frequently tested defense on the Baby Bar. Every criminal law essay with a physical confrontation requires you to analyze: (1) Was force justified? (2) Was it proportional? (3) Was there an imminence issue? (4) Was defendant the initial aggressor?

Cases to Know

People v. Goetz (1986) — reasonable belief standard for self-defense; subjective fear must be objectively reasonable
State v. Norman (1989) — battered spouse syndrome and imminence requirement
People v. Ceballos (1974) — spring guns/deadly mechanical devices never permitted for property defense alone

California Codes — Official Authority

The statutes SofAI ties to this topic. Use them as your IRAC rule block, then verify the current text on the official leginfo link.

Cal. Penal Code §211 — Robbery definedleginfo
Robbery is taking personal property from someone's person or immediate presence, against their will, by force or fear.
Cal. Penal Code §459 — Burglary definedleginfo
Burglary is entering a building or other listed structure with the intent to commit theft or any felony.
Exam hook: California burglary abandons the common-law 'dwelling of another at night' limits — watch for that distinction.
Cal. Penal Code §484 — Theft definedleginfo
Theft consolidates larceny, embezzlement, and theft by false pretenses into a single crime of taking another's property.

Explore all California Codes

Baby Bar Relevance

Self-defense is the most commonly tested justification defense on the Baby Bar. The initial aggressor rule, proportionality, and duty to retreat are classic exam issues.

Week 22 Back to Dashboard Week 24

Defenses: Justification

Learning Objectives

Apply self-defense requirements: reasonable belief, imminence, proportionality, not the initial aggressor

Analyze the duty to retreat (minority rule) vs. stand your ground (majority)

Distinguish justification (act is lawful) from excuse (act is wrong but actor not punishable)

Apply defense of others under the modern reasonable-appearance standard

Analyze necessity/choice of evils: harm avoided must outweigh harm caused; never for homicide

Examine consent as a defense and its limits (cannot consent to serious bodily harm)

Key Rules

Self-defense: Reasonable, proportional force against imminent unlawful threat. Deadly force only against death/serious bodily harm. Initial aggressor forfeits right unless they withdraw + communicate or victim escalates disproportionately.

Defense of others (modern): Defendant may use force when they reasonably believe the third person faces imminent unlawful attack. Judged by reasonable appearances to the defendant.

Necessity/choice of evils: (1) Clear imminent danger, (2) no legal alternative, (3) harm avoided outweighs harm caused, (4) defendant did not create the situation. Never available for intentional homicide.

Defense of property: Reasonable non-deadly force to protect property. Deadly force NEVER permitted solely to protect property (only if threat to person exists — then it's self-defense).

Consent: Valid defense when victim has capacity, consents voluntarily, and the conduct does not violate public policy. Cannot consent to serious bodily harm or death.

Cases to Know

People v. Goetz (1986) — reasonable belief standard for self-defense; subjective fear must be objectively reasonable

State v. Norman (1989) — battered spouse syndrome and imminence requirement

People v. Ceballos (1974) — spring guns/deadly mechanical devices never permitted for property defense alone

California Codes — Official Authority

The statutes SofAI ties to this topic. Use them as your IRAC rule block, then verify the current text on the official leginfo link.

Cal. Penal Code §211 — Robbery definedleginfo

Robbery is taking personal property from someone's person or immediate presence, against their will, by force or fear.

Cal. Penal Code §459 — Burglary definedleginfo

Burglary is entering a building or other listed structure with the intent to commit theft or any felony.

Exam hook: California burglary abandons the common-law 'dwelling of another at night' limits — watch for that distinction.

Cal. Penal Code §484 — Theft definedleginfo

Theft consolidates larceny, embezzlement, and theft by false pretenses into a single crime of taking another's property.

Explore all California Codes