criminal law · defense
The defense of others is a legal justification for the use of force based on the belief that another person is in immediate danger of unlawful physical harm. This doctrine permits a person to intervene to protect someone else, provided that the response is proportional and necessary.
There must be a clear and immediate danger of harm to another party.
What to prove: It must be shown that the person being defended was in imminent danger of being harmed.
The force used in the defense must be proportionate to the threat faced.
What to prove: The degree of force applied must be reasonable given the circumstances, not excessive or retaliatory.
The defender must have a reasonable belief that intervention is necessary.
What to prove: It must be demonstrated that a reasonable person in the defender's situation would also believe that intervention was warranted.
The defendant bears the burden of proving the defense by a preponderance of the evidence.
When analyzing fact patterns, focus on whether the elements of an imminent threat, proportionality, and reasonable belief are met. Be prepared to distinguish between defense of self and defense of others.