Battery: Self-Defense Flashcards
What is the basic doctrine of self-defense? (Feldman)
An amount of force proportional to the force of the original aggressor may be used to repel the aggression. Put differently, the initial victim may use force sufficient to repel the attack.
Will the amount of force necessary to repel an attack be judged by a subjective or objective standard? (Feldman)
Subjective. It will be judged by asking how much force reasonably appeared necessary in light of “all the circumstances of the case” – even if that differs from the force actually required to repel an attack.
When does the original victim become an aggressor? (Feldman)
The original victim becomes an aggressor only to the extent that the force used in self-defense was excessive.
What question is asked in objective hindsight? (Feldman)
Was the amount of force used “reasonable” and
“necessary” when viewed objectively in hindsight?
What question is asked in objective reasonableness? (Feldman)
Was the amount of force used “reasonable” in light
of “all the circumstances of the case” even if that differs from the force actually required to repel the attack?
Does transferred intent apply to self-defense? (E&E)
No. If a person is defending themselves and they miss the attacker, the person who is hit by the defender is not able to sue the defender for their conduct.
Is retaliation self-defense? (E&E)
No. The person who is defending themselves must defend themselves in the moment of the attack. If they attack afterwards, they are liable.
