Defense of Others

Defense of Others: a person may use force to protect another from an unlawful use of force.

Elements

  • Mostly the same as Self-Defense, with one shift:
    • Reasonable belief that the other person is being subjected to an unlawful use of force.
    • Only if that unlawful force is deadly may the defender use deadly force.

"Alter Ego" Rule (older CL)

  • If, unbeknownst to the rescuer, the force used was actually lawful, the defense was unavailable—the defender stood "in the shoes" of the person being defended, who had no right to defend himself.
  • Modern statutes and cases reject this approach: a defender who reasonably believes the other was being unlawfully attacked retains the defense.

Practical Scope

  • Strangers count, not just family members—reasonable belief about lawfulness is the key, not relationship.