Self-Defense, Actions Taken In

Modern societies prohibit private citizens from resolving conflicts with violence, expecting them to call on the law enforcement branch of government for protection. However, the police cannot be within reach 24 hours a day, and when in the midst of true and immediate peril, individuals may sometimes be justified in meeting force with force. This rightful use of protective violence is called self-defense and is recognized by all 50 U.S. states and the federal government. The term is not limited to its obvious meaning, “defense of self.” The legal community also uses self-defense to describe the defense of others and even property, though the rules defining acceptable defense of others and property vary [Page 407]somewhat from the rules for defense of self, as will be explained.

A successful plea of self-defense usually results in acquittal of all charges, because our society deems that citizens who are forced into violent defense have done no wrong. Thus, self-defense is said to be a “complete” or “perfect” defense. Conversely, “imperfect” defenses, such as “the heat of passion” defense to murder, result in lesser charges or sentences in recognition that although the perpetrator's act was wrongful, circumstances reduce blameworthiness and call for leniency. A citizen's decision to deflect danger with violence is usually made instantaneously, but society's subsequent inquiry into the merits of that decision is time-consuming and difficult. Law enforcement personnel and juries must manipulate a number of complicated and varying rules, while envisioning the confrontation from the perspective of the average man on the street as well as the defender's perspective. The exact rules vary from state to state, but the majority of U.S. jurisdictions require law enforcement to consider the following.