Self-Defense
Defenses to Crimes: Self-Defense
Introduction to Self-Defense
As a general rule, the law provides a defense for actions that reasonably appear necessary to protect oneself from the imminent (immediate) use of unlawful force. For example, a person is justified in the use of deadly force in self-defense if he or she reasonably believes that deadly force is necessary to prevent an act that would cause immediate death or serious bodily injury to himself or herself. If acting in self-defense, one may respond only with force proportional to the force defended against or necessary to resist the unlawful attack. Thus, one may not use deadly force except in response to deadly force. One who has initiated or provoked an attack generally may not claim self-defense.” (1)
Resources
Notes and References
- Information about Self-Defense in the Encarta Online Encyclopedia
Guide to Self-Defense
In this Section
Criminal Law Elements (including Wrongful Act and Mental Fault), Defenses to Crimes (including Insanity, Age, Intoxication, Duress, Mistake, Self-Defense and Entrapment) and Crime Parties (including Principals
and Accessories).
Introduction to Self-Defense
Self-Defense, in law, defense of one’s person or property from threatened violence or injury by the exercise of force. In most U.S. jurisdictions, a person may practice self-defense against assault or unlawful attack by the use of force, provided the person uses no more force than is necessary to accomplish that result. Forcible resistance may not be carried to the point of taking life when it is otherwise possible to retreat safely from the assailant. If more force is used than is necessary to repel the attack, the person will be liable both civilly and criminally for assault. Under these conditions both the assailant and the person assailed may be guilty of assault.
On the principle of self-defense a person may forcibly resist an illegal arrest. The resistance, however, must fall short of taking life. A person may also forcibly resist an unlawful attack on another person, particularly if the other person has a natural claim to the first person’s protection, as a spouse, child, or someone in the first person’s company. The law of defense of property is the same as that relating to the defense of the person, except that under no circumstance is the taking of life as a means of protecting property justifiable. One who kills to protect property is guilty of manslaughter, and if the killing is premeditated it may be murder.
The law also recognizes a distinct right to protect the home. A person inside his or her own dwelling may forcibly resist attacks upon himself or herself and the other occupants of the house and, without retreating, kill an assailant if necessary to repel the attack.” (1)
Resources
Notes and References
- Information about Self-Defense in the Encarta Online Encyclopedia
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