1. Alternatives to Imminence  MPC §3.04(1): use of defense force allowed if it is “immediately necessary…on the present occasion.”  State v. Janes: (p. 783, note 5). Relaxes the standard of imminence. “That the triggering behavior and the abusive episode are divided by time does not necessarily negate the reasonableness of the defendant’s perception of imminent harm.

2. State v. Abbott MPC §3.04(2)(b)(ii)  The issue of retreat arises only if the defendant resorts to the use of deadly force  Deadly force is not justifiable if the actor knows he or she can avoid the necessity of using such force with complete safety by retreating.

3. Hypotheticals  A is approached on a street corner and is approached by B, a knife-wielding assailant. Can A shoot and kill B if there is an opportunity to retreat?  What if A is confronted by B, in A’s home?  A is B’s brother and when they are arguing in the kitchen of their home, A picks up a carving knife and approaches B, who is standing near the kitchen door and has an avenue of retreat available. Can A use deadly force?  While at work, A is confronted by B, another knife-wielding assailant. Does A have to retreat if he knows he can do so before using deadly force?

4. State v. Peterson (p. 792)  Who took the first unlawful action? –K: removing windshield wipers  Did P. have the obligation to retreat? –No: he was on his own property.  When K. broke off the encounter, P. then became the initial aggressor.  Self defense is granted only to those who are “free from fault.”  P. could only reclaim right if he communicates his intent to withdraw and attempts to withdraw.