The standard that must be applied to determine the first element of selfdefense is the reasonable person standard. If you have been arrested for a crime such as battery, aggravated battery, or homicide, but did so in self defense, start working on your defense immediately. The right of self defense is the right for a person to use reasonable force to defend himself, his property, or the lives of others. Jul 14, 20 but on this point, florida law is precisely the same as in nearly all other states. Fortunately, the state of florida agrees that self defense in criminal cases is a valid defense. Character of accused offered by accused state may rebut character of victim offered by accused state may rebut, or peacefulness of victim offered by state to rebut selfdefense. The self defense training system sdts, the ultimate self defense program. Name of defendant is not required to prove that she acted in self defense. The primary focus is on self defence as a defence to. Dedication this issue of the fifth circuit pattern jury instructions, criminal, is dedicated to the memory of the honorable adrian g. Evidence of a witnesss character may be admitted under rules 607, 608, and.
The standard that must be applied to determine the first element of self defense is the reasonable person standard. Propensity character evidence is the use of evidence of a persons character or trait of character to prove that he has a propensity to act in a specific manner and thus that he likely acted in conformity with that propensity at the time of an alleged pretrial wrong. However, the defendant, during the defense, may introduce relevant character trait by reputation or opinion testimony of a character witness to prove conduct, which opens the door to rebuttal by the prosecution. Prosecution strategies in domestic violence felonies. Character evidence and selfdefense in homicide and assault cases. Character of victimreputation and specific act evidence, fl jur. Opinion floridas disastrous selfdefense law the new. This book is a comprehensive analysis of the criminal defence of selfdefence from a philosophical, legal, and human rights perspective. Duplantier, who served as a united states district. But on this point, florida law is precisely the same as in nearly all other states. These rules also restrict the admission of evidence of a defendants character or violent nature. Principles of self defense spring semester 20, a quad wrestling room, src 2 credit hours instructor. The instructions appear to be correct if read narrowly.
Criminal defense trial manual toc search self defense. Selfdefense is a defense to the charges of insert all charges to which self defense applies. Character evidence, prior conduct, and habit april 2010. Therefore, evidence of other crimes or wrongs must be closely scrutinized. Although these motions can be used to affirmatively admit evidence, the more. In conover, selfdefense was not even raised at trial. Selfdefense selfdefense techniques wrist grab escape. Rules of evidence cheat sheet please refer to simplified. Selfdefense in florida criminal cases goldman wetzel. Self defense cases, however, almost always involve the characters of the persons involved because of the first fundamental principle of the law of self defense. The purpose of this course is to provide students with the materials necessary to identify, assess, engage, and escape threats to the person within the context of a biblical worldview. Rule 404 character evidence is generally not admissible to prove conduct, except.
In thompson, the court held that the evidence was insufficient to even raise selfdefense as a defense. Rules 404, 405, and 406 nc office of indigent defense. Where evidence of self defense is present, the government must prove beyond a reasonable doubt that name of defendant did not act in selfdefense. The art of self defense following are a series of techniques commonly found in most martial arts schools. Defense of self, others, habitations and property in florida law. These pattern jury instructions, criminal cases, eleventh circuit 2010 revision, update and extend the 2003 edition published by a predecessor committee of this circuit whose work, in turn, built upon the pattern jury instructions criminal cases first published in the former fifth circuit in 1978.
Ds evidence of self defense does not automatically put character at issue pages 811 character of the victim 404a2 test. Selfdefense cases, however, almost always involve the characters of the persons involved because of the first fundamental principle of the law of self defense. Character of accused offered by accused state may rebut character of victim offered by accused state may rebut, or peacefulness of victim offered by state to rebut self defense. Bowden is not aware of the character of everyone residing in tallahassee, florida. To escape, lever your forearm across his forearm and pull your hand back towards your body working against the thumb figure 3. Zimmerman trial evidentiary issues victims character. Self defense definition, examples, cases, processes. The amendment makes clear that the accused cannot attack the alleged victims character and yet remain shielded from the disclosure of equally relevant evidence concerning the same character trait of the accused. Innocence discussed at length in chapter 2 of the law of self defense, 2nd edition. Ds evidence of selfdefense does not automatically put character at issue pages 811 character of the victim 404a2 test. Self defense is a defense to the charges of insert all charges to which self defense applies.
For example, in a murder case with a claim of selfdefense, the accused, to bolster this defense, might offer evidence of the alleged. Burden and quantum of proof as to selfdefense the volokh. Florida changes burden of proof of selfdefense immunity. This book is a comprehensive analysis of the criminal defence of self defence from a philosophical, legal, and human rights perspective.
However, a person must use no more force than appears reasonably necessary under the circumstances. Character evidence and selfdefense in new mexico in criminal cases involving acts of violence, selfdefense is often asserted as a defense. They are, without doubt, the most savage and terrifying selfdefense techniques known to man. As you advance through the training modules of the system you will become. Propensity character evidence propensity character evidence. Character evidence that victim was a good nephew and. Although the same general presumption against the use of character evidence applies, defendants may offer it and prosecutors may respond in kind in several situations specified in evid. When your wrist is grabbed figure 1, remember that the weakest part of your opponents grip is the area where the thumb and fingers meet figure 2.
Jul 25, 20 selfdefense cases, however, almost always involve the characters of the persons involved because of the first fundamental principle of the law of self defense. Judicial notice of adjudicative facts in criminal proceedings. Self defense may include either deadly or nondeadly force. Self defense, self defence see spelling differences or private defence is a countermeasure that involves defending oneself, ones property or the wellbeing of another from physical harm. Each one of which is guaranteed to kill, cripple or maim any attacker regardless of size or physical strength. In support of that defense, the defendant will often try to show that the alleged victim was the aggressor. Use of force is justified when a person reasonably believes that it is necessary for the defense of oneself or another against the immediate use of unlawful force. If necessary, the use of deadly force can be permitted, depending on the circumstances.
Rules 404, 405, and 406 nc office of indigent defense services. After you complete this program you will not need to take another self defense course ever again. In order to succeed with a self defense claim, a defendant must produce sufficient evidence that he believed he was in imminent danger and that the degree of force used was necessary for him to defend himself. The material is ed, and can only be used in the format in which it is presented i. Character evidence and self defense in new mexico in criminal cases involving acts of violence, self defense is often asserted as a defense. Self defense is sometimes referred to as an affirmative defense because the defendant may be required to present some evidence to support the claim. Selfdefense, selfdefence see spelling differences or private defence is a countermeasure that involves defending oneself, ones property or the wellbeing of another from physical harm. The defense tactics used ojhn man4 dynamics and reinforce myrh about domestic violence. Other acts evidence case western reserve university school of. For example, in a murder case with a claim of self defense, the accused, to bolster this defense, might offer evidence of the alleged.
However, many domestic violence experts and prosecutors agree that evidence of prior abuse plays an important role in prosecuting these cases. Many defense lawyers felt the florida supreme court imposed too heavy a burden on defendants in self defense immunity hearings. Instead, the defendant argued there that the bad character evidence was admissible to prove his motive for the killing the triedandtrue he needed killin defense. The instructions, however, are quite vague in not describing what a quarrel was. A former assistant district attorney in tarrant county, mr. If you are defending your self from as attack, you swing at a and miss but subsequently hit b, b cannot bring a claim against you for battery bc you were defending yourself from as attack. When character or a trait of character of a person is an essential element of a charge, claim, or defense, proof may be made of specific instances of that. Where evidence of self defense is present, the government must prove beyond a reasonable doubt that name of defendant did not act in self defense. Because this testimony is both improper character evidence and inadmissible. Daniel is past president of the tarrant county criminal defense lawyers association 1991 and the texas criminal defense lawyers association 20022003. May 02, 2017 the right of self defense is the right for a person to use reasonable force to defend himself, his property, or the lives of others. Character evidence about victims generally appropriate disposition and being a perfect gentleman allowed where defendant elicited evidence that victim suffered from dementia and was dangerous to himself.
Ultimately, the florida supreme court decided that selfdefense immunity could be sought pretrial, and that the burden of persuasion on immunity fell upon the party seeking immunity, and by a preponderance of the evidence as a practical matter, however, florida courts began granting immunity almost never. For a chart identifying the basic theories for offering character and noncharacter evidence and the rules governing the admissibility of such evidence for each theory, see john rubin, whats your theory of admissibility. The challenge for defense counsel is to cut through the confusion and help refocus the courts on these basic principles. Character evidence is also admissible in a criminal trial if offered by a defendant as circumstantial evidencethrough reputation or opinion evidenceto show an alleged victims pertinent character traitfor example, to support defendants claim of selfdefense to a charge of homicide. Daniel has been in private practice since 1983, devoting his practice of criminal defense at the trial court level. Evidence of a character trait of peacefulness of the victim offered by the prosecution in a homicide case to rebut evidence that the victim was the aggressor. Once someone uses excessive force, which is more force than the situation truly calls for, then he gives up his right of self. The goal of presenting character evidence about the victim may be to make more plausible a claim of self defense, or in the hope of accomplishing jury nullification in which a jury acquits a guilty defendant despite its belief that the defendant committed a criminal act.