No person may, by any intentional act reasonably likely to provoke a belligerent response, create a necessity for acting in self-defense and thereupon kill, use, offer, or attempt to use force upon or toward another person. Therefore, if you find beyond a reasonable doubt that the defendant was the aggressor, and that defendant’s acts and conduct provoked or commenced the fight, then self-defense is not available as a defense.

Ceballos  Homicide is justifiable..when resisting any attempt to murder any person, or to commit a felony…or when committed in defense of habitation, property, or person, against one who manifestly intends or endeavors, by violence or surprise, to commit a felony.  Limited to defended against atrocious crimes (one that creates a reasonable fear of great bodily harm).

Use of Force in Making Arrest  Durham –Deadly force can be used to arrest if necessary to overcome resistance, –Deadly force can not be use to arrest a fleeing misdemeanant.  Tennessee v. Garner –Suspect threatens police with deadly force. –Police have probable cause to believe that suspect has committed a crime involving the infliction of serious physical harm, if where feasible some warning is given.

Common LawMPC Clear & Imminent Danger (examine alternatives) Reasonable belief actions will abate danger Honest Belief Maj: Judge weighs evils? Legislature has not precluded defense Same Without blameReck. = Reck. MR Neg. = Neg. MR Maj: Not for homicideAll crimes Maj: Forces of Nature