Flashcards Studio

Facts: Mara, a nurse, sees her sister-in-law being attacked in a hospital corridor by a man who grabs her and attempts to stab her with a knife. There is no opportunity to retreat or call for help. Mara, who holds a licensed firearm, shoots the attacker and kills him. She reasonably believes her sister-in-law’s life is in imminent danger and there is no other reasonable means to stop the attack.
(a) Is Mara’s act justified under Article 11 of the RPC as defense of a relative? Identify the controlling doctrine and the elements necessary to sustain the defense.
(b) What factors could defeat the defense?
(c) If justified, what is the legal effect on Mara’s criminal liability?