Self Defense in the United States

Law of Self Defense

Introduction

This entry tries to explain the legal principles and the processes involved in the legal system’s approach to a deadly force incident. The entry, then, walks the reader of this legal Ecyclopedia through each of the core elements of a self-defense claim.

There are different contexts for the use of force. Some books explain – in some detail, see biography below – how to interact with the police following a use of force incident.

Self defense is also linked to the framework for a legally-sound defense strategy.

The state´s platforms also lays out and discusses, in relation to self defense, the controlling statutes and case law for each state.

Self-defense Definition

The protection by force of one’s person or property from unlawful injury. The force used must be no more than is reasonably necessary to repel the threatened injury, and must be proportioned to the nature of the injury apprehended. Thus, an assault with the hand cannot be repelled by the use of a deadly weapon. (…). As a general rule, an assault threatening death or serious bodily injury, the infliction of which would amount to a felony, may be resisted to the taking of life (…), but not an assault which is but a misdemeanor (…). Unlawful injury to property may be resisted by force short of the taking of life (…), but the taking of life in defense of property is only justifiable when it is necessary in order to prevent a felony attempted by violence or surprise, as burglary, robbery, or arson (…), but not secret felonies, such as larceny (…). (1)

In crminal law, in the United States, self-defense is an affirmative defense that is used to justify the use of force to protect oneself from an attempted injury by another person.

In internet law, the digital self-defense is the use of self-defense strategies by Internet users to ensure digital security; that is to say, the protection of confidential personal electronic data.

Second Amendment

This entry covers, among other, the issues of legislating away a state’s right to self-defense. Academics have come to call this theory “the collective rights theory”, with a collective rights theory of the Second Amendment.

Right of self-defense

The right of self-defense is the right for persons to use reasonable force or defensive force, for the purpose of defending one’s own life or the lives of other people. In many U.S. states, the right of self-defense is mostly governed by case law, but there are also, in some cases (such as in the case of Maryland) a statute.

Castle Doctrine

An exception to a rule in place in some jurisdictions that requires a defendant to retreat before using deadly force in self-defense. Read more here about what the castle exception states.

Justifiable Homicide

An accidental shooting, a killing in the course of self-defense, or a death that results from the necessary actions of a police officer, would all be on grounds of justifialbe homicide. All homicide is murder, as some killings are manslaughter, and some are lawful, such as when justified by an affirmative defense, like insanity or self-defense.

Affirmative Defense

Self defense, entrapment, insanity, and necessity are some examples of affirmative defenses. See, e.g. Beach v. Ocwen Fed. Bank, 523 U.S. 410 (1998)

Insanity defense

The insanity defense is traditionally classified as an excuse defense, in contrast with justification defenses like self-defense.

Imperfect self-defense

Imperfect self-defense is a common law doctrine recognized by some jurisdictions whereby a defendant may mitigate punishment or sentencing.

Abuse Excuse

Abuse Excuse is a self-defense claim that a defendant is incapable of distinguishing between right and wrong or of controlling his or her impulses.

Self-Defense in Homicide Cases

This section examines the Self-Defense in Homicide Cases subject in its related phase of trial. In some cases, other key elements related to trials, such as personal injury, business, and criminal litigation, are also addressed.

Resources

Notes

This definition of Self-defense is based on the The Cyclopedic Law Dictionary

Self-Defense