House Amendment 2 to Senate Bill 147
151st General Assembly (2021 - 2022)
The General Assembly has ended, the current status is the final status.
Delaware courts have held that factors relevant to a determination of whether a defendant’s use of force was justified are admissible. See, State v. Stephenson, 2014 Del. Super. LEXIS 305 (Del. Super. 2014); Kelly v. State, 981 A.2d 547 (Del. 2008); Tice v. State, 624 A.2d 399 (Del. 1993). Such factors include the defendant’s mental health and intellectual functioning, prior victimization, and knowledge or awareness of the victim’s past acts of violence. This amendment clarifies that, although the standard for use of force is changing from subjective to objective, the change does not alter or foreclose what evidence is admissible to determine whether the use of force by the defendant was justified under the totality of facts and circumstances of the case.