DEFENSE OF PERSON IN HOMICIDE CASES - THE LAW AND THE INVESTIGATIVE APPROACH

• NCJ Number: 26320
• Journal: POLICE LAW QUARTERLY Volume: 4 Issue: 4 Dated: (JULY 1975) Pages: 5-14
• Author(s): T A MAUET
• Date Published: 1975
• Length: 10 pages
• Corporate Author: Illinois Institute of Technology
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THIS PAPER SUMMARIZES THE SUBSTANTIVE LAW ON SELF-DEFENSE AND REVIEWS POLICE INVESTIGATIVE PROCEDURES IN FACTUAL SITUATIONS WHERE SELF-DEFENSE IS LIKELY TO BE RAISED.

Abstract

SOME OF THE ISSUES RELEVANT TO A PLEA OF SELF-DEFENSE ARE DISCUSSED. THEY INCLUDE THE DUTY TO RETREAT, DEFENDANT AS AGGRESSOR, STATE OF MIND AND REPUTATION OF THE DEFENDANT, PRIOR THREATS, BURDEN OF PROOF, AND DEFENSE STRATEGY. SUGGESTIONS ARE MADE TO AID POLICE IN INVESTIGATING ALLEGATIONS OF SELF-DEFENSE. AREAS DESERVING SPECIAL INTEREST ARE THE DEFENDANT'S STATEMENT TO THE POLICE, OCCURRENCE WITNESSES, FAMILY AND FRIENDS, AND PHYSICAL EVIDENCE.