State v. Abbott

Supreme Court of New Jersey · 1961 · Criminal Law

Criminal LawSelf-defenseRetreatself-defenseretreatdeadly forceatrocious assault and batteryjury instructions

Facts

Abbott shared a common driveway with the Scaranos and argued with Nicholas Scarano after Abbott made an asphalt doorstop. A fistfight followed, and a jury could have found Nicholas was the aggressor even though Abbott landed the first punch. Michael Scarano then came at Abbott with a hatchet, and according to Abbott, Mary followed with a carving knife and large fork; all three Scaranos were ultimately struck by the hatchet, and Nicholas suffered severe head injuries. Abbott claimed he did not wield the hatchet intentionally and that the injuries occurred during a struggle, but the jury could have found he intentionally inflicted the blows.

Issue

Whether the trial court correctly instructed the jury on retreat as part of self-defense in a prosecution for atrocious assault and battery. More specifically, whether the jury was properly told when a duty to retreat arises and what the State had to prove on that issue.

Rule

In self-defense, the issue of retreat arises only when the defendant resorts to deadly force. Deadly force is unjustified only if the defendant knew he could avoid the necessity of using it by retreating with complete safety. The burden is on the State, beyond a reasonable doubt, to disprove self-defense, including proving beyond a reasonable doubt that the defendant knew he could retreat with complete safety if retreat is in issue. These principles apply in a trial for atrocious assault and battery, but the instruction must be expressly centered on the defendant's use of deadly force.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

Outside an apartment building in Newark, Devin Cole got into a shouting match with Omar Vega. Omar shoved Devin and raised his fists. Devin responded by punching Omar twice and knocking him down, causing a broken nose but no life-threatening injury.

If Devin is prosecuted for assault and raises self-defense, how should the jury be instructed on retreat under the governing rule?

Explanation. The majority limited the retreat doctrine to cases in which the defendant resorted to deadly force. It is the nature of the defensive force used by the defendant, not the fact that force could theoretically have been avoided, that triggers retreat. A defendant using only non-deadly force may stand his ground.