Self-Defense Rule
i. Defendant must have honest and reasonable belief that
- Threatened with imminent threat or unlawful force
- Force used was necessary and proportionate
What is reasonable belief?
- this depends on which characteristics of the defendant are taken into account when assessing reasonableness
- a reasonable person is taken as a reasonable person with the same characteristics of the defendant, life experiences of the defendant, and the same knowledge of the defendant
ii.Defendant must not have been the initial aggressor
Self-Defense Issues
i. Aggressor status
- Initial aggressor may not be able to use force
ii. Imminence
- Can’t be for a future threat
iii. Proportionality
- Consider size of parties and weapons
iv. Duty to Retreat if safe: Cannot harm in self-defense if the option to safely retreat exists
- Common law/minority: duty to retreat (if safe), cannot be initial aggressor, not applicable to defending against a crime
- Modern majority: no duty to retreat (even if safe), cannot be initial aggressor, in many states, allowed to defend against a crime
- Even where duty to retreat, not in your home (Castle Doctrine)
Stand Your Ground (Majority)
Allows resisting with force even if the option to retreat exists. A person has the right to use deadly force if:
- They reasonably believe the force is necessary to
- Prevent imminent death or physical harm to themselves, or
- To another, or - To stop the commission of a felony act
Types of Defenses
- Justification: You did the right thing (Self-defense)
- Excuse: You’re not as blameworthy (Insanity)
- Partial: Guilty of less serious crime (Provocation)
- Complete: Not guilty of any crime (Self-defense is a complete defense)
Reasonability
Based on an objective standard
Battered Woman Syndrome
State v. Stewart:
- D finally kills her husband who was extremely abusive, in his sleep.
- Rule: in order to assert self-defense based on battered woman’s syndrome, the threat she is facing must be imminent or else the defense will not be applicable
