Self-Defense
Self-Defense: ∆ has a reasonable belief that the use of force is necessary to avoid an imminent threat from another person. An aggressor who first uses deadly force loses the right of self-defense unless the aggressor withdraws from the conflict.
Elements
Nondeadly Force
- ∆ is confronted with unlawful force.
- ∆ is without fault.
- ∆ has an honest and reasonable belief:
- of imminent and unlawful bodily harm,
- so that ∆'s use of nondeadly force is necessary to protect ∆.
Deadly Force
- ∆ is confronted with unlawful force.
- ∆ is without fault.
- ∆ has an honest and reasonable belief:
- of imminent death or great bodily harm,
- so that ∆'s use of deadly force is necessary to protect ∆.
MPC Differences (§ 3.04)
- Same as CL, except:
- Instead of imminence, force must be "immediately necessary on the present occasion."
- Instead of honest and reasonable belief, subjective belief suffices.
- BUT: if ∆ recklessly or negligently has a mistaken belief about self-defense, no defense to reckless or negligent crimes.
Duty to Retreat
- CL Majority: No duty to retreat (the "true man" rule).
- CL Minority & MPC: Duty to retreat before using deadly force, unless:
- Retreat cannot be made in complete safety, OR
- An exception applies (e.g., Castle Doctrine—no duty in dwelling).
- NO duty to retreat in uses of nondeadly force.
Aggressor Rule
- An aggressor (first to threaten deadly force) cannot invoke self-defense.
- An aggressor regains the right by clearly withdrawing from the conflict.
Perfect vs. Imperfect Self-Defense
- Perfect SD: objectively reasonable + subjective belief in elements → complete acquittal.
- Imperfect SD: subjective belief was honest but objectively unreasonable → not acquittal, but reduces murder to voluntary manslaughter (negates malice).
- See State v. Marr, 765 A.2d 645 (2001).
Battered-Defendant Doctrine
- Modern courts may admit expert testimony about battering experiences to inform reasonableness of ∆'s belief in imminence.
- See Bechtel v. State, 840 P.2d 1 (Okla. Crim. App. 1992).
Key Difference: Nondeadly vs. Deadly Force
- Severity of Threat:
- Nondeadly: ∆ may use nondeadly force when ∆ reasonably believes the other is about to inflict unlawful bodily harm.
- Deadly: ∆ may use deadly force ONLY IF ∆ reasonably believes the other is about to inflict unlawful death or serious bodily injury.
Cases:
- Brown v. United States, 256 U.S. 335 (1921) — no duty to retreat.
- State v. Marr, 765 A.2d 645 (2001) — perfect vs. imperfect.
- Bechtel v. State, 840 P.2d 1 (Okla. Crim. App. 1992) — battered-woman self-defense.