Also known as: self-defense · self defence · defence of self-defence · self-defense defense · justifiable self-defense
Written by attorneys · grounded in primary & secondary sources — see below
A justification that permits a defendant to use reasonable force when the defendant reasonably believes that such force is immediately necessary to protect against unlawful force by another on the present occasion.
Diane Dawson kept a loaded handgun in her nightstand drawer. When an intruder broke into her bedroom at night, she retrieved and fired the weapon in claimed self-defense. The court held that she reasonably believed deadly force was immediately necessary to protect against unlawful force.
Dorothy Daniels honestly believed that her neighbor was about to stab her during an argument. She used deadly force even though the belief was unreasonable. The jury reduced the murder charge to voluntary manslaughter because the honest but unreasonable belief mitigated the offense.
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Daphne Doyle stood her ground when an aggressor advanced on her in a public park. Although she could have safely walked away, she used nondeadly force to repel the attack. The privilege of self-defense applied even though retreat was possible.
Dustin Donovan's former client sued the law firm for overbilling. The firm disclosed client communications to defend the malpractice claim. The self-defense privilege applied because the firm reasonably believed disclosure was immediately necessary to protect its own legal interests against the client's attack.
Derek Douglas faced a shove from an aggressor and responded by firing multiple shots after the threat had ended. The court ruled that the force exceeded what he reasonably believed necessary for protection. The self-defense privilege therefore did not apply.
Darius Dixon brandished a bat toward an approaching attacker without intending to strike. The action was meant only to deter further advance. The privilege extended to the threat of force even though the bat could have caused greater harm.
Many jurisdictions apply an objective reasonable-person standard to the belief that force is necessary. The Model Penal Code focuses on the actor's actual subjective belief that force is immediately necessary.
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The defense is unavailable when the actor knows that force is being used by a property possessor or its agent under a claim of right to protect property, unless the actor believes deadly force is needed to avoid death or serious bodily harm.
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An initial aggressor generally loses the privilege unless the aggressor withdraws and communicates that withdrawal or the other party escalates the encounter beyond the original provocation.
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In retreat jurisdictions the actor must retreat before using deadly force if retreat can be accomplished in complete safety. The Model Penal Code and many modern statutes eliminate the duty to retreat in the home or place of work.
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…then obtained the admission of shooting, the interrogator is advised to refer to circumstantial evidence which negates the self-defense explanation. This should enable him to secure the entire story. One text notes that "Even if he fails to do so, the inconsistency between the subject's original denial of the shooting and…