Clue Finder 55
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Self-Defense
To succeed, a defendant arguing self defense must show that the killing resulted from a reasonable use of force to resist a reasonable fear of death or bodily harm. The defendant cannot have instigated the threatening situation. The degree of force used in self-defense must be proportional to the threat perceived, and the threat perceived must be something that would place a reasonable person in fear of death or great bodily harm. Mere words or insults do not suffice.
The defendant's reaction to the threat cannot take place after the threat of death or bodily harm has passed. Many states require that the defendant attempt to retreat or avoid danger if possible before resorting to the use of deadly force.
For example, if someone incapacitates a mugger with pepper spray, he or she may need to attempt to flee to safety instead of taking out a pistol and shooting the mugger. States differ in the degree to which they require an attempt to retreat if the threat they face occurs in the defender's home
Gratuitous Violence .
The gratuitous violence factor focuses on the intent of the killer as evidenced by his actions. State v. Bocharski, 218 Ariz. 476, 189 P.3d 403 (2008). The fact finder must consider the killers intentional actions to determine whether he acted with the necessary vile state of mind. The state must make two showings. The state must first show that the defendant
did, in fact, use violence beyond that necessary to kill. The state must also show that the defendant continued to inflict violence after he knew or should have known that a fatal action had occurred. Id.
To succeed, a defendant arguing self defense must show that the killing resulted from a reasonable use of force to resist a reasonable fear of death or bodily harm. The defendant cannot have instigated the threatening situation. The degree of force used in self-defense must be proportional to the threat perceived, and the threat perceived must be something that would place a reasonable person in fear of death or great bodily harm. Mere words or insults do not suffice.
The defendant's reaction to the threat cannot take place after the threat of death or bodily harm has passed. Many states require that the defendant attempt to retreat or avoid danger if possible before resorting to the use of deadly force.
For example, if someone incapacitates a mugger with pepper spray, he or she may need to attempt to flee to safety instead of taking out a pistol and shooting the mugger. States differ in the degree to which they require an attempt to retreat if the threat they face occurs in the defender's home
Gratuitous Violence .
The gratuitous violence factor focuses on the intent of the killer as evidenced by his actions. State v. Bocharski, 218 Ariz. 476, 189 P.3d 403 (2008). The fact finder must consider the killers intentional actions to determine whether he acted with the necessary vile state of mind. The state must make two showings. The state must first show that the defendant
did, in fact, use violence beyond that necessary to kill. The state must also show that the defendant continued to inflict violence after he knew or should have known that a fatal action had occurred. Id.
