Also known as: imminent danger of death · imminent great bodily harm · imminent peril · deadly threat
Written by attorneys · grounded in primary & secondary sources — see below
A threshold of harm that justifies the use of deadly force in self-defense. The danger must be immediate and the threatened harm must be so grave that it differs in kind from lesser injuries, including any injury creating a substantial risk of death or the permanent loss of function of an important organ or member.
Francis, confused after a fall, yanked out his IV and monitors and tried to climb over the bed rails in a busy emergency room. Stephen, the nurse, immediately applied soft restraints and gave a sedative already ordered for pain. The action prevented Francis from falling or dislodging equipment that could have caused serious injury.
A defendant charged with aggravated murder claimed she shot the victim after he pinned her and reached for what she believed was a weapon. She proved she held an honest belief that her life was in imminent danger of death or great bodily harm and that deadly force was her only escape. The state bore the burden of disproving that belief beyond a reasonable doubt.
Select any source to read its text and confirm it supports the definition.
A defendant drove a friend to a drug deal knowing the friend carried a gun. When the deal turned violent the friend shot the victim. The driver was convicted of aiding and abetting because he knew the gun would be used and the resulting harm met the threshold of imminent death or great bodily harm.
Officers fired at a fleeing car after it rammed their vehicles and continued at high speed. The driver was killed. The shots were justified because the ongoing ramming created an imminent danger of death or great bodily harm to the officers and bystanders.
A defendant killed an assailant who had beaten him and brandished a weapon. He claimed an honest though unreasonable belief that death or great bodily harm was imminent. The court considered whether that belief reduced the charge from murder to manslaughter.
The harm must differ in kind from ordinary injuries and include any injury that creates a substantial risk of death or causes permanent loss of function of an important organ or member.
Supporting sources
In many jurisdictions the defendant must show an honest belief that death or great bodily harm was imminent and that the belief was reasonable under the circumstances.
Supporting sources
Yes in some jurisdictions an honest though unreasonable belief that deadly force is necessary can mitigate the offense to voluntary manslaughter.
…at fault in creating the situation giving rise to the argument” with the victim, (2) she “had an honest belief that she was in imminent danger of death or great bodily harm, and that her only means of escape from such danger was in the use of . . . force,” and (3) she “did not violate any duty to retreat or avoid danger.” Ibid. Martin argued that due process…