Scott Sharp's Self-Defense Quick Chart

This wikilog article is a draft, it was not published yet.

by: Abassos • May 11, 2011 • no comments

Scott Sharp's Self-Defense Quick Chart

Statutes involving Self-Defense ORS 161.015- 161.219

Notice must be given before trial or evidence during Defendant's case in chief ORS 161.055

Limitations on Self-Defense ORS 161.215 - Provocation, Initial Aggressor, Mutual Combat

Self-Defense MUST be INTENTIONAL

• State v. Shumway, 291 Or. 153, 156 (1981)(Second shot was accidental)
• State v. Stalder, 117 Or.App. 289 (1992)(Discharge of weapon by accident)
• State v. Boyce, 120 Or.App. 299 (1993)(Broken beer glass recklessly)

Victim's Prior Violence MUST be known to Defendant

• State v. Wheeler, 43 Or.App. 875 (1979)
• State v. Lunow, 131 Or.App. 429 (1994)
• State v. Whitney-Biggs, 147 Or.App. 509 (1997)(In Re Battered Woman Syndrome)
• State v. Ryel, 182 Or.App 423 (2002)

Was there an Overt Act by the Victim?It's not necessary to wait until the assault to use Self-Defense.

• Goodall v. State, 1 Or. 333 (1861)
• State v. Taylor, 123 Or.App. 343 (1993)(JI should have been given even where Defendant struck first)

Did Defendant Reasonably Fear Imminent Injury or Death?

• State v. Gray, 43 Or. 446 (1904)
• State v. Rader, 94 Or. 432 (1919)
• State v. Burns, 15 Or.App. 552 (1973) (The statutory phrases requiring that there be a 'felony involving the use or threatened imminent use of physical force against a person,' 'unlawful deadly physical force,' or a 'felony by force and violence' are the functional equivalents of the case law's requirement of 'great bodily harm.)

Was it Necessary to Use or Threaten to Use Force? ORS 161.209Was Level of Force Reasonable?

• State v. Sandoval, 342 Or 506 (2007) (There is no duty to retreat)
• State v. Lockwood, 43 Or.App 639 (1979)(Menacing is acceptable use of physical force and therefore self-defense)
• State v. Davis, 65 Or.App. 83 (1983)(Menacing can be self-defense)
• State v. DeLaura, 75 Or.App. 655 (1985)(Disorderly conduct can be in self-defense)
• State v. Haro, 117 Or.App. 147 (1993)(The legislature has not created an unlimited right to use deadly force against a burglar.)

Self-defense and Resisting Arrest

• State v. Hall, 36 Or.App. 133 (1978)
• State v. Castle, 48 Or.App. 15 (1980)
• State v. Wright, 310 Or. 430 (1990) (if a peace officer uses excessive force in making an arrest, the arrestee may use only such physical force as is reasonably necessary under the circumstances to defend himself or herself against the excessive force being used against him or her.)
• State v. Oliphant, 347 Or 175 (2009)(Whether arresting officer used unreasonable force on the person being arrested)

Standard for the Jury Instruction - Subjective, Reasonable Belief

• State v. Burns, 15 Or.App. 552 (1973)
• State v. Bishop, 49 Or.App. 1023 (1981)(Facts looked at in light most favorable to Def)
• State v. Freeman, 109 Or.App. 472 (1991)
• State v. Taylor, 123 Or.App. 343 (1993)

Much more from Scott Sharp on Self Defense at the Self-Defense page .