NCJ Number
164066
Date Published
1996
Length
231 pages
Annotation
This book reviews the existing criminal-law rules in North Carolina on self-defense and other defensive-force defenses; it aims to cut through the mass of cases on defensive force and highlight the dominant themes in North Carolina law.
Abstract
Following the introductory chapter, a chapter describes the principles common to all defensive-force defenses. It begins by discussing the exculpatory nature of defensive-force defenses generally and the fundamental principles that underlie the defenses: necessity, proportionality, and fault. The chapter then offers a three-step approach for determining whether a particular defense is available. It identifies the various kinds of harm a person would be justified in using force to prevent, considers the defenses that do and do not permit deadly force, and introduces the four-part test articulated in State v. Norris, which embodies the main rules on the use of defensive force in North Carolina. Three chapters focus on the substantive elements of the various defensive-force defenses. Together, these chapters address the circumstances in which the law permits a person to use defensive force. Three other chapters discuss issues that may arise in criminal trials that involve claims of defensive force. One of these chapters considers the applicability of defensive- force defenses against certain types of charges, and another considers evidentiary issues that commonly arise in defensive- force cases. A third chapter describes the burdens that the defense and prosecution bear in defensive-force cases and the required components of instructions to the jury on the rules of defensive force. 5 figures, a table of statutes and rules, 31 references, and a subject index