Criminal Law · defense
Self defense refers to the right of an individual to use reasonable force to protect themselves from an unlawful attack. It is justified when the individual believes that they are in imminent danger and that force is necessary to avert the threatened harm.
There must be an immediate and unlawful threat of harm to the individual.
What to prove: The defendant must demonstrate that they were faced with an immediate threat of death or serious bodily injury.
The individual must have a reasonable belief that they are in danger.
What to prove: It must be shown that a reasonable person in the same situation would have perceived the threat in a similar manner.
The force used in response must be proportional to the threat faced.
What to prove: The defendant must establish that the level of force used was necessary and not excessive in relation to the threat.
The burden of proof typically lies on the defendant to establish self defense by a preponderance of the evidence.
Self defense often appears on exams as a critical issue in determining whether a defendant's actions were justifiable, so pay attention to fact patterns that involve threats of violence.