Also known as: defensive forces · self-defense · justifiable force
Written by attorneys · grounded in primary & secondary sources — see below
A legal justification or privilege permitting a person to use reasonable force to protect against an imminent threat of harm. The force must be proportionate to the threat and not exceed what the actor reasonably believes necessary for protection.
Diane Dawson lives in an apartment complex subject to a city ordinance banning handgun possession and requiring other firearms to be stored with biometric locks that render them inoperable at night. She keeps a handgun for protection against potential intruders. Dawson sues to enjoin the ordinance, arguing it prevents immediate defensive force in her home.
Deanna Davenport confronts an intruder in her kitchen and uses deadly force after an honest but mistaken belief that the threat was imminent. Prosecutors charge murder, but the jury finds the belief unreasonable yet sincere. The charge reduces to voluntary manslaughter under the mitigation rule for defensive force.
Select any source to read its text and confirm it supports the definition.
Destiny Davis stands her ground when David Dawson advances with a raised fist inside her own living room. She uses nondeadly force to repel him rather than fleeing through a back door. The privilege of defensive force applies even though retreat was possible.
Doris Duffy sues her former law firm for malpractice and overbilling after a contentious divorce representation. The firm obtains and uses her communications and work product to defend the fee dispute. The self-defense exception allows the firm to rely on the materials without violating privilege.
Deborah Dunn faces a shove from an angry neighbor and responds by striking the neighbor repeatedly with a baseball bat after the threat has ended. The neighbor suffers serious injuries. Dunn's use of force exceeds what she reasonably believed necessary, so the privilege of defensive force does not apply.
Dover Bank security guard brandishes a baton toward a trespasser who refuses to leave the lobby but does not strike. The action is intended solely to deter further advance without causing actual harm. The limited show of force remains within the bounds of defensive force privilege.
In some jurisdictions following traditional common law, a person must retreat before using deadly force if retreat can be accomplished in complete safety. Other jurisdictions and the Restatement eliminate any duty to retreat, allowing the actor to stand ground even when retreat is feasible.
In some jurisdictions an honest but unreasonable belief that deadly force is required mitigates murder to voluntary manslaughter. The belief need not be objectively reasonable. Only the sincerity of the defendant's perception matters for the reduction.
Force is excessive when it is intended or likely to cause harm beyond what the actor correctly or reasonably believes necessary for protection. Any excess renders the actor liable for the unnecessary portion of the harm inflicted.
Yes. An actor may use means intended merely to place another in immediate apprehension of harm, even if that apprehension exceeds the force ultimately privileged, provided the actor reasonably believes the act will do no more than create the apprehension.
…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…