Self Defense Flashcards
Self defense definition
anyone is privileged to use reasonable force to defend himself against a threatened battery on part of another
How to prove adequate self defense
Usually proved by D
Burden of proof reversed if D is police
Trial judge will make the initial determination of whether a self-defense instruction is
warranted by the facts
Must be plead and proven (affirmative defense)
Retaliation
If battery no longer threatened, privilege terminates; thereafter original victim
becomes liable for battery
Reasonable belief
Privilege exists when D reasonably believes that the force is necessary to protect
himself against battery, even though there is in fact no necessity
If you are reasonable about your belief that you will be attacked but the person
was not actually going to attack, this is a harm without a remedy
Provocation
Insults and verbal threats do not justify self-defense
Provocation does not justify but may limit liability to actual damages
If abusive words are accompanied by an actual threat of physical violence
reasonably warranting apprehension of imminent bodily harm, one may be
privileged to defend; and one does not have to wait for the blow to fall before
acting
Amount of force
Privilege is limited to the use of force that is, or reasonably appears to be, necessary for protection against a threatened battery
Differences that are proper for consideration
■ Age
■ Size
■ Relative strength
Use of deadly force
To justify resistance with a deadly weapon, D must have a reasonable apprehension of loss of life or great bodily injury
D had burden of proving that the use of force was reasonable under the
circumstances, although jurisdictions shift the burden to the plaintiff if the D is
police
Injury to a third party
Castle Doctrine: you are in your own home, you don’t have to retreat
D defending himself from A, unintentionally harms B
Self-defense carried over and D not liable to B in the absence of some negligence
toward him
Determining whether there is negligence, the emergency, and the necessity of
defense against A, are to be considered
Majority: stand in shoes of person you are defending
Reasonable mistake
Effect of reasonable mistake as to the necessity for taking action
Some courts hold intervenor steps into the shoes of the person he is defending,
and is privileges only when that person would be privileged to defend himself
If it turns out he has intervened to help the aggressor, he is liable
Other courts hold that the defendant is privileged to use reasonable force to
defend himself even when he is mistaken in his belief that intervention is necessary, so long as his mistake was reasonable
Self-defense sub rules
Defense of third persons
Protection of land and chattels
Privileges relating to discipline
When self defense applies
Everyone is privileged but…
● Must have reasonable belief and use reasonable force
● No liability, even if 3rd party dies, unless there was negligence
When self defense is negated
● No threatened battery
● Battery is no longer imminent
● Once retreated, original aggressors can use self-defense
● Insults alone (unless accompanied by threat of violence)
● Force not justified/equal (fist vs. gun)
● Retaliation - once situation ends, it ends
