6.01 Self Defense/Defense of Others is a legal doctrine which allows individuals to use reasonable force in order to protect themselves or another person from imminent harm or death. This type of self-defense is usually seen as a last resort and is only permissible when the individual has no other reasonable means of protection. Generally, self-defense is divided into two types: deadly force and non-deadly force. Deadly force is any action that is likely to cause serious bodily injury or death and can include the use of a weapon. Non-deadly force is any action that, while not likely to cause serious bodily injury or death, is still considered reasonable force to protect oneself or another person. In order for an act of self-defense to be legally justified, the defending individual must have a reasonable belief that the force used was necessary in order to prevent imminent harm or death. The individual must also have had no other means of protection, such as fleeing the scene or attempting to contact law enforcement. It is important to note that the individual must only use the amount of force that is necessary to prevent the harm or death and any action that goes beyond this is not legally justified.
6.01 SELF DEFENSE/DEFENSE OF OTHERS
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Defense to an Intentional Tort: Defense of Others An example is if Brad sees that Adam is imminently going to hit Chris. Brad can use a proportionate amount of force in defending Chris and invoke the defense of others if Adan ends up suing him for an intentional tort.
The common law principle of ?castle doctrine? says that individuals have the right to use reasonable force, including deadly force, to protect themselves against an intruder in their home. This principle has been codified and expanded by state legislatures.
Self-defense can be broken down into three elements; the immediacy of your physical force to protect yourself, your use or threatened use of no more physical force than would have appeared necessary, and your justification in the threat or use of physical force only while the danger continues.
?Defense of others? is a defense to liability for an alleged crime that is in defense of a person other than oneself. It refers to a person's right to use reasonable force to protect a third party from another person who threatens to use force on the third party.
The rule of the law of defense for others requires that the defendant must use the same force that the victim would have used in self-defense. If the victim would not have used such a force in self-defense, then the defendant has no defense and could be charged of criminal responsibility.
The Five Principles of Self-Defense Laws Principle 1: Innocence.Principle 2: Imminence.Principle 3: Proportionality.Principle 4: Avoidance.Principle 5: Reasonableness.
Thus in a majority of jurisdictions, defense of others requires the same elements as self-defense: the individual defended must be facing an unprovoked, imminent attack, and the defendant must use a reasonable degree of force with a reasonable belief that force is necessary to repel the attack.