Oregon
How Courvoisier v. Raymond applies in Oregon: state-specific rules, key cases, and bar exam notes for Other.
Oregon law recognizes the principle of self-defense as articulated in Courvoisier v. Raymond, whereby an individual may use reasonable force when faced with an imminent threat. However, Oregon's statutes emphasize the necessity of proportionality and the duty to retreat when safely possible.
In Oregon, a person may use physical force in defense of themselves or others, provided that the force is reasonable and necessary under the circumstances, and there is a clear threat of physical harm.
Affirmed that self-defense claims must include the necessity of proportional response and imminent threat.
Held that evidence of the victim's aggressive behavior can support a self-defense claim.
Clarified the duty to retreat, stating that a person must consider retreating when safe to do so before resorting to force.
Oregon's self-defense law closely mirrors federal standards, emphasizing the reasonableness and immediacy of threats. However, Oregon uniquely incorporates a clear duty to retreat, which is not consistently present in federal jurisprudence.
Questions on the Oregon bar exam may test the nuances of self-defense laws, including the duty to retreat and the reasonableness of force used in self-defense scenarios.