CHAPTER 951
PENAL CODE: STATUTORY CONSTRUCTION;
PRINCIPLES OF CRIMINAL LIABILITY

Table of Contents

Sec. 53a-8. Criminal liability for acts of another.
Sec. 53a-14. Duress as defense.
Sec. 53a-18. Use of reasonable physical force or deadly physical force generally.
Sec. 53a-19. Use of physical force in defense of person.

      Sec. 53a-8. Criminal liability for acts of another.

      Subsec. (a):

      Trial court properly rejected defendant's claim that a defense of duress, if credited, would negate the required mental state governing accessorial liability, specific intent and duress can coexist. 282 C. 281.


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      Sec. 53a-14. Duress as defense.

      Trial court did not err in refusing to provide a jury instruction that would have allowed jury to factor defendant's age into his defense of duress, independent and regardless of how defendant's age relates to age of his coercers, so as to account for the differences in how adolescents evaluate risk. Duress defense has both subjective and objective components. Subjective component is that defendant actually must have been coerced into the criminal action. Objective component requires that defendant have been coerced in circumstances under which a reasonable person in his situation would have been likewise unable to resist. 282 C. 281.

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      Sec. 53a-18. Use of reasonable physical force or deadly physical force generally.

      Subdiv. (1):

      Examining plain language of risk of injury statute, Sec. 53-21(a)(1),and this Subdiv., providing for the justification defense of reasonable parental discipline, there is no apparent reason to bar application of Subdiv. to a charge under Sec. 53-21(a)(1). 99 CA 713.


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      Sec. 53a-19. Use of physical force in defense of person.

      First person to use physical force is not necessarily the initial aggressor. Initial aggressor is the person who acts first in a manner that creates reasonable belief in another person's mind that physical force is about to be used upon that other person. 99 CA 736.

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