Self-defense

Self-defense is a possible justification for breaking the law. Defendants who use this defense are arguing that they should not be held liable for a crime, since the actions taken were intended to protect the defendant from danger. Self-defense refers to the use of violence to protect oneself; this forms the basis for many of the martial arts. Self-defense is generally understood to have two degrees: reasonable force (or non-lethal force) and deadly force. Courts generally find that the violence a defendant uses, in self-defense, must in some fashion be comparable to the threat faced; such that deadly force should only be used in situations of "extreme" danger. Many courts have ruled that a "path of retreat" exists, and that self-defense is only acceptable, as a legal defense, when there was insufficient opportunity for the defendant to flee; however, in defense of property, the "castle exception" (see: Edward Coke) argues that one cannot be expected to retreat from one's own home. Courts tend to rule against the right of an individual to "preemptively[?]" engage in self-defense; for example, victims of domestic violence are generally not considered justified in murdering an individual whom they believe will someday attack with lethal force.

See also:

• abuse defense

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