(a) When the defendant reasonably believes that the use of force upon or toward the person of another is necessary for any of the purposes for which such relief would establish a justification under § § 462-468 of this title but the defendant is reckless or negligent in having such belief or in acquiring or failing to acquire any knowledge or belief which is material to the justifiability of the use of force, the justification afforded by those sections is unavailable in a prosecution for an offense for which recklessness or negligence, as the case may be, suffices to establish culpability.
(b) When the defendant is justified under §§ 462-468 of this title in using force upon or toward the person of another but the defendant recklessly or negligently injures or creates a risk of injury to innocent persons, the justification afforded by those sections is unavailable in a prosecution for an offense involving recklessness or negligence towards innocent persons.
11 Del. C. 1953,
§
469;
58 Del. Laws, c. 497,
§
1;
63 Del. Laws, c. 276,
§
1;
70 Del. Laws, c. 186,
§
1;
83 Del. Laws, c. 73,
§
6;
Notes of Decisions
Cited in
4
cases (
1 in the last 5 years), 1969–2024 · leading case:
State v. Robinson, 251 A.2d 552 (Del. 1969).
State v. Robinson, 251 A.2d 552 (Del. 1969).
· cites it 8× “HERRMANN, Justice: The subject of this certification 1 is a new Statute, 11 Del.C. § 470, entitled “Purchase and Possession of Firearms by Certain Persons Prohibited.”
Johnson v. State, 280 A.2d 712 (Del. 1971).
“§ 3912; and the Firearms Act, 11 Del.C. § 470) of any proposal to obliterate completely a record of prior conviction.”
Sutton v. State (Del. 2024).
· cites it 2× “27 Consistent with 11 Del. C. § 470(a), the court instructed the jury that if it found that Sutton believed that the use of force upon Harmon and Porter was necessary to protect himself against death or serious physical injury, but he was reckless in having such belief,…”
State of Delaware v. Fletcher. (Del. Super. Ct. 2015).
“The Delaware Supreme Court held that where appropriate, and when requested, the trial court should give a justification instruction on Murder in the Second Degree or Manslaughter, charges requiring a reckless, rather than an intentional, mental state.”
— 11 Del. C. § 470(a) — 2 cases
Sutton v. State (Del. 2024).
“27 Consistent with 11 Del. C. § 470(a), the court instructed the jury that if it found that Sutton believed that the use of force upon Harmon and Porter was necessary to protect himself against death or serious physical injury, but he was reckless in having such belief,…”
State of Delaware v. Fletcher. (Del. Super. Ct. 2015).
“The Delaware Supreme Court held that where appropriate, and when requested, the trial court should give a justification instruction on Murder in the Second Degree or Manslaughter, charges requiring a reckless, rather than an intentional, mental state.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.