Self-defense, defense of others, property, and necessity

Black-letter propositions

1. 01

   Nondeadly force can meet imminent unlawful force when reasonably necessary.

2. 02

   Deadly force requires reasonable belief of imminent death or serious injury and is limited for an initial aggressor.

3. 03

   Most jurisdictions impose no retreat requirement, while others require safe retreat outside the home.

4. 04

   Defense of others generally uses reasonable appearances.

5. 05

   Deadly force ordinarily cannot protect property alone.

6. 06

   Necessity requires a greater imminent harm, causal efficacy, no adequate legal alternative, and ordinarily no culpable creation of the crisis.

Use this attack sequence under time

Common wrong turns

• Future revenge is not defense.
• Words alone usually do not justify physical force.
• An unreasonable belief may mitigate only where imperfect self-defense is recognized.

Worked example

A homeowner shoots a fleeing trespasser solely to prevent loss of a garden tool.

Practice this topic

Self-defense and retreat

Cornell describes stand your ground as a self-defense doctrine allowing a person to use reasonable force against an imminent threat of danger or death without attempting to retreat, including deadly force when proportional. It contrasts with the duty to retreat, and evolved from the castle doctrine, under which a person in their own home has no duty to retreat before using reasonable force, including deadly force if necessary. About two-thirds of states have some form of stand your ground statute.

Cornell defines deadly force as force likely to cause death or serious bodily injury, and notes it is legal only under specific circumstances. Its Texas example allows deadly force to protect against imminent deadly force or listed serious crimes, and does not permit it in response to force other than deadly force.

Defense of others and necessity

Defense of others is a defense to liability for using reasonable force to protect a third party from another who threatens force. Some jurisdictions require a special relationship, but most require only a reasonable belief that it was necessary to defend the third party.

Cornell describes necessity as a defense when conduct cannot be avoided and prevents a more serious harm, the lesser of two evils. California's jury instruction lists that the actor acted to prevent injury, had no reasonable alternative, did not create a greater danger, actually believed the conduct was necessary and a reasonable person would have too.

Cornell states that stand your ground evolved from the castle doctrine to apply to public spaces or any place a person has a legal right to be, and that exceptions and specifications vary by jurisdiction. The first step on an exam is to identify the place, the threat and the force used, and only then decide whether a duty to retreat applies.

Frequently asked questions