Also known as: uses of force in self-protection · self-defense · justifiable use of force
Written by attorneys · grounded in primary & secondary sources — see below
A justification defense that permits an actor to use force upon another person when the actor believes that force is immediately necessary to protect against unlawful force by the other on the present occasion.
Ugo Ucelli kept a loaded handgun in his bedside drawer after prior break-ins at his apartment. When an armed intruder forced entry at night, Ucelli drew the weapon and fired once, wounding the intruder. The shot stopped the attack without further injury to Ucelli or his family.
Ursula Ung struck her neighbor with a baseball bat after the neighbor shoved her during an argument. Ursula honestly believed the neighbor would escalate to deadly force, though that belief was unreasonable. The jury convicted her of voluntary manslaughter rather than murder.
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Ulric Unger faced an attacker who demanded his wallet at knifepoint. Ulric could have handed over the wallet or fled down an alley but instead used nondeadly force to disarm the attacker. The privilege applied even though retreat or compliance remained possible.
Usman Uddin sued his former law firm for overbilling. The firm obtained and disclosed limited client communications to show the work performed and instructions given. The self-defense exception allowed the firm to use those materials without breaching confidentiality.
Unity Underhill faced a shove from an aggressor and responded by striking the aggressor repeatedly with a tire iron after the threat had ended. The additional blows exceeded what Unity reasonably believed necessary for protection.
Uriah Urban brandished a bat toward an approaching assailant who had already thrown punches. The display caused the assailant to back away without any contact occurring. Urban intended only to create apprehension and used no actual force.
In some jurisdictions a duty to retreat applies before deadly force may be used if retreat can be accomplished in complete safety. The Model Penal Code and many modern statutes eliminate any retreat requirement when the actor is in a place where he has a right to be. The presence or absence of a retreat rule determines whether the use of deadly force remains justifiable.
The actor must actually believe that force is immediately necessary against unlawful force on the present occasion. The belief need not be reasonable, although an unreasonable belief may still support conviction for a lesser offense or civil liability in some jurisdictions. The focus remains on the actor's subjective state of mind at the moment of action.
The privilege ends once the actor no longer believes force is immediately necessary because the threat has ended or has been successfully repelled. Continued force after the danger has passed exceeds the privilege and exposes the actor to liability for any excess. Courts examine the circumstances to determine when the perceived necessity ceased.
…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…