| Self defense is the act of protecting one's self against | | | | Changing the above example slightly, suppose that Al |
| physical force or the immediate threat of force. It can | | | | pulls out a water pistol, and begins shooting it into the |
| justify conduct which would otherwise give rise to | | | | crowd. Bob honestly believes that the water pistol is |
| criminal or civil liability. It can operate as a defense to | | | | filled with poison, and anybody who is sprayed with it |
| virtually any criminal or civil wrong which involves the | | | | will die, but he has no reasonable basis for this belief - |
| use or threat of physical force, such as assault, | | | | he's just paranoid. Acting on this belief, he shoots and |
| battery, and homicide. | | | | kills Al. If Bob is charged with murder, he will be able to |
| To successfully argue self defense in a trial for | | | | argue imperfect self defense, and if he proves the |
| homicide, the defendant must show that he or she | | | | facts as stated above, he will not be convicted of |
| acted with a genuine belief that they were in danger | | | | first-degree murder, but of voluntary manslaughter. |
| of death or severe bodily harm, that their conduct was | | | | To successfully prove self defense, one must also |
| necessary to prevent that harm, and that a reasonable | | | | show that the amount of force they used was |
| person in the same situation would have had the same | | | | reasonable. Lethal force is only reasonable when the |
| belief, and acted in a similar manner. | | | | actor is threatened with death or severe bodily harm. If |
| There are 2 basic types of self defense in a murder | | | | lesser harm is threatened, less force is justified. So, if |
| trial: perfect and imperfect. Self defense is perfect | | | | Al runs toward Bob screaming that he's going to beat |
| when the actor truly believed that they were in danger | | | | Bob up, but there is no indication that he is going to try |
| of death or grave bodily harm and that belief was | | | | to kill Bob, Bob may only repel Al's attack with the |
| reasonable. This requires the court to look at the | | | | minimum amount of force necessary to protect |
| defendant's mental state (did they honestly believe that | | | | himself, and no more. In such a case, Bob would |
| they were in danger?) and the surrounding | | | | probably not be justified in shooting Al, but he would be |
| circumstances (given the facts, was that belief | | | | justified in using pepper spray to incapacitate him while |
| reasonable?). | | | | he escapes, or using some other non-lethal force to |
| For example, suppose Al pulls out a gun and begins | | | | defend himself. |
| firing into a crowd. Bob, who happened to be in the line | | | | In many states, a person must first attempt to escape |
| of fire, pulls out his own gun and shoots Al, killing him. | | | | the danger before resorting to physical force. This |
| Bob has acted in perfect self defense: he truly | | | | adds another requirement for a successful showing of |
| believed that he was threatened with death or severe | | | | self defense: escape was impossible. Some states, |
| bodily harm, and that belief was reasonable under the | | | | however, allow a person to stand his or her ground. |
| circumstances (he was being shot at, after all). If Bob | | | | In the majority of states that require a person to first |
| were charged with murder, and he successfully | | | | attempt to escape, there is an exception for a person |
| proved the above facts, he would be completely | | | | who is attacked in his or her own home. Known as the |
| exonerated. | | | | "castle doctrine" (based on the idea that one's home is |
| Imperfect self defense is when a person acts with an | | | | his castle, and he should not be required to retreat |
| honest belief that they are in immediate danger of | | | | from it, rather than defend it). However, the other rules |
| death or severe bodily injury, but, given the facts, that | | | | associated with self defense are basically the same |
| belief was not reasonable. This does not completely | | | | when it occurs in the actor's own home: there must be |
| exonerate the defendant, but if it is shown, it can | | | | an honest and reasonable belief about a threat of |
| reduce first-degree murder to voluntary manslaughter, | | | | serious harm. |
| a less severe crime. | | | | |