Self-defense (United States)
Encyclopedia
In the United States
, the defense
of self-defense allows a person to use reasonable force in his or her own defense or the defense of others (see the theoretical background
for why this is allowed).
While the definitions vary from state to state, the general rule makes an important distinction between the use of non-deadly and deadly force. A person may use non-deadly force to prevent imminent injury, however a person may not use deadly force unless that person is in reasonable fear of serious injury or death. Some states also include a duty to retreat
(exceptions include Louisiana and Florida: see castle doctrine
), when deadly force may only be used if the person is unable to safely retreat. A person is generally not obligated to retreat if in one's own home in what has been called the castle exception
(from the expression "A man's home is his castle").
Runyan v. State (1877) 57 Ind. 80, 20 Am.Rep. 52, is one of the earliest cases to strongly support and establish in U.S. law an individual's right to initiate self-defense
actions up to and including the justifiable use of lethal force against an aggressor.
In Runyan, the court stated "When a person, being without fault, is in a place where he has a right to be, is violently assaulted, he may, without retreating, repel by force, and if, in the reasonable exercise of his right of self defense, his assailant is killed, he is justiciable."
A related case is US Supreme Court Case John Bad Elk v. U.S. (1900) 177 U.S. 529, 44 L.Ed. 874, 20 S.Ct. 729, where a man was granted a new trial after being convicted of killing a police officer who was attempting to illegally arrest the man, because, at the initial trial, the jury was not instructed that it could convict on a lesser offense, such as manslaughter. Runyan v. State is further supported by additional cases such as Miller v. State (1881) 74 Ind. 1., Jones v. State (1888) 26 Tex.App. 1, 9 S.W. 53, 8 Am.St.Rep. 454, Beaverts v. State (1878) 4 Tex.App. 175, Skidmore v. State (1875) 43 Tex. 93.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, the defense
Defense (legal)
In civil proceedings and criminal prosecutions under the common law, a defendant may raise a defense in an attempt to avoid criminal or civil liability...
of self-defense allows a person to use reasonable force in his or her own defense or the defense of others (see the theoretical background
Self-defense (theory)
The right of self-defense is the right for civilians acting on their own behalf to engage in violence for the sake of defending one's own life or the lives of others, including the use of deadly force.- Theory :The...
for why this is allowed).
While the definitions vary from state to state, the general rule makes an important distinction between the use of non-deadly and deadly force. A person may use non-deadly force to prevent imminent injury, however a person may not use deadly force unless that person is in reasonable fear of serious injury or death. Some states also include a duty to retreat
Duty to retreat
In the criminal law, the duty to retreat is a specific component which sometimes appears in the defense of self-defense, and which must be addressed if the defendant is to prove that his or her conduct was justified. In those jurisdictions where the requirement exists, the burden of proof is on the...
(exceptions include Louisiana and Florida: see castle doctrine
Castle Doctrine
A Castle Doctrine is an American legal doctrine arising from English common law that designates one's place of residence as a place in which one enjoys protection from illegal trespassing and violent attack...
), when deadly force may only be used if the person is unable to safely retreat. A person is generally not obligated to retreat if in one's own home in what has been called the castle exception
Castle Doctrine
A Castle Doctrine is an American legal doctrine arising from English common law that designates one's place of residence as a place in which one enjoys protection from illegal trespassing and violent attack...
(from the expression "A man's home is his castle").
Runyan v. State (1877) 57 Ind. 80, 20 Am.Rep. 52, is one of the earliest cases to strongly support and establish in U.S. law an individual's right to initiate self-defense
Self-defense
Self-defense, self-defence or private defense is a countermeasure that involves defending oneself, one's property or the well-being of another from physical harm. The use of the right of self-defense as a legal justification for the use of force in times of danger is available in many...
actions up to and including the justifiable use of lethal force against an aggressor.
In Runyan, the court stated "When a person, being without fault, is in a place where he has a right to be, is violently assaulted, he may, without retreating, repel by force, and if, in the reasonable exercise of his right of self defense, his assailant is killed, he is justiciable."
A related case is US Supreme Court Case John Bad Elk v. U.S. (1900) 177 U.S. 529, 44 L.Ed. 874, 20 S.Ct. 729, where a man was granted a new trial after being convicted of killing a police officer who was attempting to illegally arrest the man, because, at the initial trial, the jury was not instructed that it could convict on a lesser offense, such as manslaughter. Runyan v. State is further supported by additional cases such as Miller v. State (1881) 74 Ind. 1., Jones v. State (1888) 26 Tex.App. 1, 9 S.W. 53, 8 Am.St.Rep. 454, Beaverts v. State (1878) 4 Tex.App. 175, Skidmore v. State (1875) 43 Tex. 93.
See also
- Battered woman syndrome
- Castle DoctrineCastle DoctrineA Castle Doctrine is an American legal doctrine arising from English common law that designates one's place of residence as a place in which one enjoys protection from illegal trespassing and violent attack...
- Deadly forceDeadly forceDeadly force, as defined by the United States Armed Forces, is the force which a person uses, causing—or that a person knows, or should know, would create a substantial risk of causing—death or serious bodily harm...
- Defense of propertyDefense of propertyThe defence of property is a possible justification used by defendants who argue that they should not be held liable for the loss and injury they have caused because they were acting to protect their property. Courts have generally ruled that the use of force may be acceptable.-English...
- Imperfect self-defenseImperfect self-defenseImperfect self-defense is a common law doctrine of criminal procedure recognized by some jurisdictions whereby a defendant may mitigate punishment or sentencing imposed for a crime involving the use of deadly force by claiming, as a partial affirmative defense, the honest but unreasonable belief...
- Right of self-defense
- Self-defence (Australia)Self-defence (Australia)In the criminal law of Australia, self-defence may be a complete defence to criminal liability for causing injury or death in defence of the person or, to a limited extent, property, or a partial defence to murder if the degree of force used was excessive...
- Self-defence in English lawSelf-defence in English lawSelf-defence is part of private defence, the doctrine in English law that one can act to prevent injury to oneself or others or to prevent crime more generally – one has the same right to act to protect others as to protect oneself. This defence arises both from common law and the Criminal Law Act...
- Self-defense (Sweden)Self-defense (Sweden)In Sweden, the law of self-defense allows a person attacked to excuse or justify a proportionate use of violence in defense of the person or property.-The law:...
- Use of forceUse of forceThe term use of force describes a right of an individual or authority to settle conflicts or prevent certain actions by applying measures to either: a) dissuade another party from a particular course of action, or b) physically intervene to stop them...