United States v. Peterson

As you read Peterson, consider the following questions:

1. Under the NYPL, which party bears the burden of proof for an affirmative defense? What is that burden? Which party bears the burden of proof for a defense? What is that burden? When is that burden triggered? 
2. Under the MPC, which party bears the burden of proof for a defense? What is that burden? When is that burden triggered
3. What crime was Peterson charged with? What was his defense? Under the governing law in that case, was Peterson’s defense a statutory defense or a common law defense? 
4. Generally speaking, what are the elements of self-defense at common law? In particular, when can an actor use deadly force in self-defense? (There are two parts to this question: What sort of threat must the actor be facing? And what must the actor believe about that threat?)
5. Generally speaking, what are the elements of self-defense in New York? In particular, when can an actor use deadly force in self-defense? (There are the same two parts to this question: What sort of threat must the actor be facing? And what must the actor believe about that threat?) Does the NY definition of the basic elements of self-defense differ materially from the common law definition?
6. What were the facts in Peterson? What happened at trial? What are Peterson’s two claims of error on appeal? What is the court’s holding on those two issues?
7. The Peterson court discusses two exceptions to the general rule for the use of deadly force in self-defense: the aggressor rule and the retreat rule. Consider first the aggressor rule: What are the parameters of that exception at common law as explained by the Peterson court? What are the parameters of that exception under the NYPL? Under the MPC? Consider the following hypotheticals:
   • D punches V. V pulls a gun and is about to shoot D. Can D shoot V in self-defense under the common law rule? Under the NYPL? Under the MPC? Do you agree with those results?
   • D pulls a gun on V. V responds by also pulling a gun on D. What must D do before he can use deadly self-defense to repel an attack by V? Under the NYPL? Under the MPC?
8. Consider next the retreat rule. What are the parameters of that exception at common law as explained by the Peterson court? What is the majority rule in the United States? What is the rule under the NYPL? Under the MPC? Consider the following hypotheticals:
   • V pulls a gun on D. D has his own gun. May D fire in self-defense, or must he retreat?
   • V, standing 15 feet away from D, threatens D with a lug wrench. D has a gun. May D fire in self-defense, or must he retreat?
9. What about using deadly force to stop a felony? Is that permissible under the MPC? Under the NYPL? If so, for which felonies? Does the retreat requirement apply to his kind of deadly self-defense?