Criminal Law Chapter 6
Self-defense vs defense of another
The elements to evaluate whether an act of The elements to evaluate whether an act of
force for self-defense is justified include the force for defense of another is justified
unlawfulness of the other’s action, the include the unlawfulness of the action toward
necessity to defend oneself immediately, and the other, the necessity to defend the other
the reasonableness of the act of self-defense immediately, and the reasonableness of the
under the circumstances act of defense under the circumstances
-unlawfulness, necessity, and reasonableness required
-immediately necessary to protect against unlawful force
-Good Samaritan laws= laws that encourage (not require) people to come to the aid
of another or to defend another against unlawful force or interference → typically
involves making a 911 call
-deadly force= force that is likely to cause or is capable of causing death or serious
bodily injury → under common law deadly force not allowed if retreat from an attack
was reasonably possible and safe
Stand your ground laws Castle doctrine Make my day laws
definition Permit using deadly force Permits people who have Rules adopted by some
in response to unlawful been assaulted in their states that put no limits
attack (in contrast to duty homes by a trespasser on the use of deadly
to retreat) use force that is force by occupant of
necessary and dwelling in response to
reasonable to defend trespasser
themselves
location Any place a person has house/property house/property
the legal right to be
Amount of Equal force Deadly force No limits on use of
force deadly force
Duty to no In some states, but under no
retreat federal law homeowner
has no duty to retreat in
unlawful assault of
property (in NJ duty to
retreat: State v Gartland
co-occupant trapped in
room couldn’t retreat)
To protect life/property/place where LIFE life/property
they have right to be
Self-defense vs defense of another
The elements to evaluate whether an act of The elements to evaluate whether an act of
force for self-defense is justified include the force for defense of another is justified
unlawfulness of the other’s action, the include the unlawfulness of the action toward
necessity to defend oneself immediately, and the other, the necessity to defend the other
the reasonableness of the act of self-defense immediately, and the reasonableness of the
under the circumstances act of defense under the circumstances
-unlawfulness, necessity, and reasonableness required
-immediately necessary to protect against unlawful force
-Good Samaritan laws= laws that encourage (not require) people to come to the aid
of another or to defend another against unlawful force or interference → typically
involves making a 911 call
-deadly force= force that is likely to cause or is capable of causing death or serious
bodily injury → under common law deadly force not allowed if retreat from an attack
was reasonably possible and safe
Stand your ground laws Castle doctrine Make my day laws
definition Permit using deadly force Permits people who have Rules adopted by some
in response to unlawful been assaulted in their states that put no limits
attack (in contrast to duty homes by a trespasser on the use of deadly
to retreat) use force that is force by occupant of
necessary and dwelling in response to
reasonable to defend trespasser
themselves
location Any place a person has house/property house/property
the legal right to be
Amount of Equal force Deadly force No limits on use of
force deadly force
Duty to no In some states, but under no
retreat federal law homeowner
has no duty to retreat in
unlawful assault of
property (in NJ duty to
retreat: State v Gartland
co-occupant trapped in
room couldn’t retreat)
To protect life/property/place where LIFE life/property
they have right to be
