Affirmative Defenses

• Is self-defense available if one starts a quarrel with the intent use deadly force?
• If self-defense available for those who agree to engage in deadly combat?
• When is self-defense available to one who initiates a felonious assault, and kills in response to a counter-attack?
• When, generally, is the self-defense an effective defense?
• In order to use self-defense, must a party have retreated from the use of deadly force if it was possible?
• May self-defense be used if an attacker believed to be using imminent deadly force is killed?
• May a person who commits a non-felonious act use the defense of self-defense if his act is greeted with deadly force?
• What three factors may be considerd when usin Battered Woman Syndrom in self-defense?
• What is the defense of imperfect self-defense used for?
• What crimes is perfect self-defense a defense for?
• Is self-defense an available defense to an unlawful arrest?
• Is self-defense an available defense when an arrest uses excessive force?
• What is the penalty for resisting an unlawful arrest?
• What special relationships allow for a defense based on defense of a third-party?
• Can there be a defense of third-party defense for a non-listed party?
• When can deadly force be used to prevent a felony?
• Is burglary a felony that per se creates a presumption of fear of great bodily injury?
• Does forcible entry into a residence create a presumption of fear for use of deadly force?
• What is California's general rule on the use of force to prevent crime or apprehend criminals?
• What is the affirmative defense of duress?
• Is duress an acceptable defense to a murder charge?
• What is the affirmative defense of necessity?
• What is the 6-element test of a necessity defense?
• When may a prisoner use the necessity defense against a charge of escape?
• What are the 6 affirmative defenses?
• What is the affirmative defense of entrapment?
• What is the California test for the affirmative defense of entrapment?
• What is the federal approach to the affirmative defense of entrapment?
• What is the "wild beast" test for the affirmative defense of insanity?
• What is the M'Naghten test?
• What is the MPC test for insanity?
• What is the "irresistable impulse" test for the affirmative defense of insanity?