Also known as: se defendendo · self-defense · self defence
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A common law justification that excuses the use of force when an actor reasonably believes it necessary to protect against imminent unlawful harm. The privilege extends to both nondeadly and deadly force depending on the threat faced and permits the actor to stand ground rather than retreat in many jurisdictions.
An evidentiary exception that permits a lawyer or firm to disclose otherwise confidential client information when reasonably necessary to defend against malpractice claims or fee disputes arising from the representation.
Each sense below has its own examples, sources, and questions.
A common law justification that excuses the use of force when an actor reasonably believes it necessary to protect against imminent unlawful harm. The privilege extends to both nondeadly and deadly force depending on the threat faced and permits the actor to stand ground rather than retreat in many jurisdictions.
Select any source to read its text and confirm it supports the definition.
Seth Shapiro keeps a loaded handgun in his bedside drawer after two nighttime break-ins near his apartment. When an intruder forces the door at night, Seth retrieves the gun and fires a warning shot that stops the advance. The Second Amendment protects Seth's ability to maintain the firearm in operable condition for immediate self-defense inside his residence.
Sarah Sullivan sees her neighbor raise a fist during an argument and honestly but unreasonably believes deadly force is required. She stabs the neighbor, who survives. The honest though unreasonable belief mitigates the offense from murder to voluntary manslaughter under the common law rule for imperfect self-defense.
Sean Steele faces an unprovoked attack in his own driveway. He could safely step inside his house but instead uses reasonable nondeadly force to repel the assailant. The privilege of self-defense remains available even though retreat was possible because the actor need not surrender a right or comply with an unlawful command.
In minority jurisdictions following the traditional approach a person must retreat as far as reasonably possible if it can be done in complete safety. Most jurisdictions have abandoned any duty to retreat when the defendant is in a place where he has a right to be.
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At common law in some jurisdictions an honest though unreasonable belief that deadly force is necessary mitigates the offense to voluntary manslaughter. The belief must concern the necessity of the force at the moment it is used.
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An evidentiary exception that permits a lawyer or firm to disclose otherwise confidential client information when reasonably necessary to defend against malpractice claims or fee disputes arising from the representation.
Select any source to read its text and confirm it supports the definition.
Samuel Soto's former client sues the firm for overbilling and malpractice. The firm reviews confidential notes showing the client's own instructions that refute the claims. The self-defense exception allows the firm to use those communications and work product because the client placed the representation at issue.
A lawyer may reveal information to the extent reasonably necessary to establish a defense in a controversy with the client or to respond to allegations concerning the representation. The disclosure must be limited to what is needed for the defense.
Supporting sources
…then obtained the admission of shooting, the interrogator is advised to refer to circumstantial evidence which negates the self-defense explanation. This should enable him to secure the entire story. One text notes that "Even if he fails to do so, the inconsistency between the subject's original denial of the shooting and…
…signed a statement in which he admitted shooting, then robbing Simmons and Moore. He justified the slayings on grounds of self-defense. The next day, while being transferred to Lawrenceville, Ga., the petitioner and Allen were taken to the scene of the shootings. Upon arriving there, Allen recounted the events leading to…
…432 U.S. 233 (1977), we rejected that interpretation. We there held that the burden of proof as to the affirmative defense of self-defense could constitutionally be placed on the defendant. We explained that Mullaney "is not a decision that the prosecution must prove beyond a reasonable doubt every fact, the absence of which…
…back to the time of slavery. During the colonial period, black slaves who killed whites in Georgia, regardless of whether in self-defense or in defense of another, were automatically executed. A. Higginbotham, In the Matter of Color: Race in the American Legal Process 256 (1978). By the time of the Civil War, a dual system…
…v. Heller , 554 U. S. , this Court held that the Second Amendment protects the right to keep and bear arms for the purpose of self-defense
Solomon Silver faces a shove from an aggressor and responds with a single open-hand push that stops the threat. He does not draw a weapon or continue striking after the danger ends. The privilege does not extend to any greater force than the actor reasonably believes necessary for protection.
Spencer Silver brandishes a bat to deter an approaching assailant but stops short of striking. The display is intended solely to cause the aggressor to retreat and creates no more than an apprehension of contact. The actor remains privileged even though the threatened force exceeds what would have been permitted for actual infliction.
Self-defense remains privileged even if the actor could have avoided the necessity by retreating or giving up a right. The actor is not required to surrender a privilege or comply with an unlawful command.
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The Second Amendment protects an individual right to keep and bear arms for self-defense inside the home. A total ban on handgun possession or a requirement that firearms be kept inoperable at all times violates that right.
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