Criminal Law: Defenses: Self-Defense

Deadly force vs. Non-deadly force

  • Non-deadly force may be used by V anytime V reasonably believes force is to be used upon them.

  • Deadly force:
    • MAJORITY: may be used by V anytime V reasonably believes that deadly force is about to be used on them.

    • MINORITY: V must retreat to a wall, if it is reasonably safe to do so, before using deadly force.
      • Exceptions to the duty to retreat -- no duty to retreat if:
        • In your home
        • Victim of rape or robbery
        • You are a police office
    • The original aggressor cannot use the defense of self-defense unless they STOP, TURN AROUND to original victim and COMMUNICATE withdrawal.