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Criminal Law Keyed to Osler

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United States v. Peterson

Citation:

483 F. 2d 1222 (DC Cir. 1973)

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Facts

Charles Keitt and two friends drove his car to the alley behind the defendant’s home to remove the windshield wipers. While Keitt was doing so, the defendant came out and asked him to leave. Defendant went into his home, obtained a gun, and went back outside while Keitt retreated back to his car. Defendant told Keitt that if he moved, defendant would shoot him. Keitt then got out of his car and walked towards the defendant, asking him what he was going to do with the gun. Keitt then turned around, got a lug wrench, and walked towards the defendant. Defendant then warned Keitt if he took another step he would shoot, Keitt did continue to approach and the defendant shot him.

After his arrest, the defendant did tell a different story about what happened, namely that he meant to scare him and shot over Keitt’s should but Keitt started to run and then ran into the bullet he had shot. Defendant was found guilty of manslaughter.

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Q.1 - Peterson’s conviction rested in part on the principle that an initial aggressor forfeits self-defense. Which of the following best captures how the D.C. Circuit implicitly distinguished between an “initial aggressor” and a “mere participant” in a mutual affray?

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(A) An initial aggressor is one who arms themselves and re-engages after withdrawal, while a mere participant may retain self-defense if proportionate force is used.

Incorrect. A is wrong because re-engagement after withdrawal is not what defined Peterson as aggressor.

(B) An initial aggressor is one whose subjective fear is unreasonable, while a mere participant is evaluated only under an objective necessity test.

Incorrect. B is wrong because subjective fear was irrelevant; the test was conduct-based.

(C) An initial aggressor is defined by the introduction of deadly force into an otherwise non-deadly encounter, whereas a mere participant remains within the protective scope of self-defense.

Correct! The D.C. Circuit emphasized that introducing deadly force into a previously non-deadly encounter transforms a participant into an initial aggressor, eliminating self-defense. This aligns with common law limits and highlights the legal significance of escalation.

(D) An initial aggressor is one who refuses to retreat despite availability, while a mere participant is exempt from retreat obligations under the “true man” doctrine.

Incorrect. D is wrong because retreat obligations do not exempt “mere participants.”

Q.2 - The D.C. Circuit’s reasoning in Peterson can be read as anticipating the Model Penal Code’s treatment of provocation and withdrawal (§ 3.04(2)(b)(i)). In what respect does the decision most sharply diverge from the MPC’s approach?

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(A) By denying any restoration of self-defense rights to an aggressor, even if the aggressor attempted good-faith withdrawal before the fatal encounter.

Correct! The decision diverges from the MPC by absolutely denying aggressors the chance to regain self-defense, even with attempted withdrawal. The MPC provides for restoration in narrow circumstances, but the D.C. Circuit imposed a categorical bar.

(B) By equating Peterson’s armed re-engagement with a per se forfeiture of self-defense, while the MPC allows recovery of the defense if the adversary escalates the force used.

Incorrect. B is wrong because escalation by the adversary was not the reasoning.

(C) By requiring Peterson to retreat even within the curtilage of his home, whereas the MPC categorically eliminates retreat obligations in such a setting.

Incorrect. C is wrong because Peterson’s yard was not analyzed under a curtilage retreat exemption.

(D) By treating Peterson’s statements (“If you move, I’ll shoot”) as sufficient provocation, while the MPC requires physical aggression before labeling someone an aggressor.

Incorrect. D is wrong because verbal threats alone are not dispositive under the ruling.

Q.3 - How does United States v. Peterson reshape the doctrinal relationship between Brown v. United States (1921) and the castle doctrine in evaluating retreat?

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(A) It broadens Brown by holding that Peterson could have lawfully stood his ground in his yard, thereby aligning the castle doctrine with outdoor spaces adjacent to the home.

Incorrect. A is wrong because the court rejected expansion of standing ground to Peterson’s yard.

(B) It narrows Brown by subordinating “no duty to retreat” to the aggressor doctrine, making castle doctrine inapplicable when the defendant provokes the conflict.

Correct! The case narrowed Brown by clarifying that “no duty to retreat” cannot shield an aggressor; Peterson’s provocation nullified any castle doctrine protection. The ruling emphasized that aggressor status trumps the privilege of standing one’s ground.

(C) It expands the castle doctrine beyond Brown by applying it even when the defendant escalates the encounter with a firearm.

Incorrect. C is wrong because castle doctrine never applies when the defendant escalates.

(D) It rejects the continuing relevance of Brown by shifting the analysis entirely to evidentiary sufficiency rather than doctrinal consistency.

Incorrect. D is wrong because Brown remained relevant, not discarded.

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Topic Resources

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United States v. Peterson

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United States v. Peterson

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Topic Outlines

Homicide Defenses

Topic Refresher Courses

Conspiracy; Introduction to Homicide and Murder Part 1 Introduction to Defenses and Self Defense

Topic Charts & Notes

Homicide Chart Defenses

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United States v. Peterson