Self-Defense and Defense of Others Flashcards
What is the Common Law rule of Self Defense?
A person was justified in using deadly force if he or she reasonably believed that such force was necessary to repel the imminent threat of death or great bodily harm of another.
What is the Illinois Law of Self-Defense?
A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to defend himself or another against such other’s imminent use of unlawful force.
He or she is justified in the use of force which is intended or likely to cause death or great bodily harm only if he reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or another or the commission of a forcible felony.
When is a self-defense jury instruction necessary?
An instruction for self-defense is given when there is some evidence presented which, if believed by a jury, would support a claim of self-defense.
Self-defense is an affirmative defense.
Is there a duty to retreat in self-defense cases?
The initial aggressor does have a duty to retreat, but the responder does not.
Does the reponder have a duty to retreat when acting in self-defense?
In Illinois, a person who has not initially provoked the use of force against himself has no duty to attempt to escape the danger before using force against the aggressor.
Does the Initial Aggressor have a duty to retreat when someone acts in self-defense?
If the individual (the “aggressor”) instigates or provokes the use of force and force is then used against him by the victim – he (the “aggressor”) must exhaust every reasonably means to escape the danger before returning force.
