LEARNING OBJECTIVES
- Define self-defense.
- Define deadly force.
- Ascertain the four elements required for self-defense.
- Ascertain two exceptions to the unprovoked attack requirement.
- Define the battered wife defense, and explain its justification under the imminence requirement.
- Analyze when it is appropriate to use deadly force in self-defense.
- Distinguish between the duty to retreat and stand-your-ground doctrines.
- Define imperfect self-defense.
As stated previously, self-defense is a defense based on justification. Self-defense can be a defense to assault, battery, and criminal homicide because it always involves the use of force. In the majority of states, self-defense is a statutory defense. 1 However, it can be modified or expanded by courts on a case-by-case basis. Most states have special requirements when the defendant uses deadly force in self-defense. Deadly force is defined as any force that could potentially kill. An individual does not have to actually die for the force to be considered deadly. Examples of deadly force are the use of a knife, gun, vehicle, or even bare hands when there is a disparity in size between two individuals.
Self-defense can operate as a perfect or imperfect defense, depending on the circumstances. Defendants who commit criminal homicide justified by self-defense can be acquitted, or have a murder charge reduced from first to second or third degree, or have a charge reduced from murder to mans laughter. Criminal homicide is discussed in detail in .
To successfully claim self-defense, the defendant must prove four elements. First, with exceptions, the defendant must prove that he or she was confronted with an unprovoked attack. Second, the defendant must prove that the threat of injury or death was imminent. Third, the defendant must prove that the degree of force used in self- defense was objectively reasonable under the circumstances. Fourth, the defendant must prove that he or she had an objectively reasonable fear that he or she was going to be injured or killed unless he or she used self- defense. The Model Penal Code defines self-defense in § 3.04(1) as “justifiable when the actor believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force by such other person on the present occasion.”
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