Justifying, Exempting, Mitigating, Aggravating and Alternative Circumstances

JEMAA Study Guide Art 11. Justifying Circumstances (6 paragraphs)p 154 Distinguised Imputability and Responsibility p153 Guilt p153 What is Justifying Circumstances? p154 What is the basis of Justifying Circumstances? P154 Burden of Proof p155-156 Why Penal Law makes self-defense lawful? p157 Requisites of Self-Defense p157-158 Why is Unlawful Agression an indispensable requisite? p158 Lawful (give example) p159 Meaning o f Unlawful Aggression p160 Peril to Ones Life p161 Actual Imminent Peril to ones limb p164 There must be actual physical force or actual use of weapon(insulting words, light push is not unlawful aggression) p164 Why slap on the face is considered unlawful aggression p165 Mere belief of an impending attack is not sufficient p165 Foot kicking is not unlawful aggression p165 A strong retaliation for an injury may amount to unlawful aggression( give example) p166 The attack and defense should succeed each other without appreciable interval of time p167 The Unlawful aggression must come from the person who was attacked by the accused. (give example) p168 A public officer exceeding his authority may become an unlawful aggressor. P168 Nature, character, location, and extent of wound of the accused allegedly inflicted by the injured party may belie claim of self-defense.(give example) p169 Improbability of the deceased being the aggressor belies the claim of self defense p170 Physical fact may determine whether the accused acted in self-defense p171 The fact that the accused declined to give any statement when he surrendered to a policeman inconsistent with the plea of self defense. P170

Justifying, Exempting, Mitigating, Aggravating and Alternative Circumstances

When the aggressor flees, unlawful aggression no longer exists. p172 When the unlawful aggression no longer exists because the aggressor runs away, the one making defense has no more right to kill or wound the former aggressor. Retreat to take more advantageous position p173 Unlawful aggression is considered continuing and the one making a defense has a right to pursue him in his retreat and to disable him No unlawful aggression when there is agreement to fight 173 No unlawful aggression in concerted fight There is agreement to fight in this case The challenge to a fight must be accepted Because aggression in which is an incident to a fight is bound to arise from one or the other of the combatants. Aggression which is ahead of the stipulated time and place is unlawful p174 One who voluntarily join a fight cannot claim self-defense The rule is stand ground when in the right p175 If one flees from an aggressor, he runs the risk of being attacked in the back by the aggressor Unlawful aggression in defense of other rights p 176 Attempt to rape a woman-unlawful aggression Placing of hand by a man on a womans upper thigh is unlawful aggression Defense of property-coupled with attacked on the one entrusted with said property Defense of home The belief of the accused may be considered in determining the existence of unlawful aggression. P 179 There is self-defense even if the aggressor used a toy pistol, provided the accused believed it was a real gun. p180 Security officer pushing the picketers out on the driveway does not constitute unlawful aggression- as would justify equal and reasonable force such as inflicting physical injuries to the sec officer/ and the one attacked is not the right of picketing. Threat to inflict real injury as unlawful aggression(ex. P181) Be positively strong, showing the wrongful intent of the aggressor to cause an injury. Mere threatening attitude is not unlawful aggression p180

Justifying, Exempting, Mitigating, Aggravating and Alternative Circumstances

When the intent to attack is manifest, picking up a weapon is sufficient unlawful aggression.p182 Aggression must be real, not merely imaginary (p182) Aggression that is expected (p182) 2nd requisite: reasonable necessity of means employed to repel or prevent it The reasonableness of the necessity of action depends upon the circumstances.(p184) When the aggressor is disarmed. p186 But still struggle to regain possession of the weapon there a reasonable necessity of the accused to use the weapon to disable the deceased. But if the deceased manifested refusal to fight the accused had no right to wound or disable the deceased In repelling or preventing an unlawful aggression, the one defending must aim at his assailant, and not discriminately fire his deadly weapon- if so the act is not exercise with due care, however with no intent to kill, the appellant is liable for physical injuries p188 The test of reasonableness of the means used p189-192 Nature and quality of weapon Physical condition, character and size Other circumstances Reasonable necessity of means employed to prevent or repel unlawful aggression to be liberally construed in favor of law abiding citizens. Rules for reasonableness for peace officer its the duty of the peace officer to overcome his opponent/ is not required to afford an attacker an opportunity for a fair and equal struggle. p193-194 3rd requisite: Lack of Sufficient Provocation on part of the person defending himself. Cases in which the 3rd requisite of self-defense is present No provocation at all If provocation was given, it was not sufficient If provocation is sufficient, it was not given by the person defending. If provocation was given by the defender, it was not proximate and immediate. The exercise of a right cannot give sufficient provocation How to determine sufficient provocation

Justifying, Exempting, Mitigating, Aggravating and Alternative Circumstances

It should be proportionate to the act of aggression and adequate to stir the aggressor to its commission Requisite of Lack of sufficient provocation refers exclusively to the person defending himself Provocation by the defender not proximate and immediate to the aggression Battered woman syndrome as a self defense-mere sight could equal to unlawful aggression Sec 26 under Anti Violence Against Women and their Children Act of 2004. Suffering from bws do not incur criminal and civil liability Par 2 Defense of Relatives is founded by humanitarian sentiment and impulse of blood Must unlawful aggression exist as a matter of fact, or can it be made depend upon the honest belief of the one making a defense. Third requisite in case in the event that The fact that the relative defended gave provocation is immaterial. Par 3. Defense of Stranger- is based on what one may do in his defense, another may do for him Furnishing a weapon to one in serious danger of being throttled is defense of stranger Par 4. Avoidance of greater evil or injury The instinct of self preservation one feel that his own safety is of greater importance than that of another. The greater evil should not be brought about by negligence or imprudence of the actor. When the accused was not avoiding any evil, he cannot invoke the JC of avoidance of a greater evil or injury The evil which is brought about the greater evil must not result from a violation of law by the actor. There is civil liability under this paragraph -is borne by the persons benefited. Par 5. Fulfillment of duty or lawful exercise of right or office p214 Shooting an offender who refused to surrender is justifiedp217

Justifying, Exempting, Mitigating, Aggravating and Alternative Circumstances