Self-defense refers to an individual’s right to protect themselves using reasonable force against someone else attempting to inflict harm upon them. On the other hand, deadly force refers to an action that is known to create a risk of serious bodily harm or even death to one or more people. (Nationalparalegal.edu, 2014). Self-defense is thus used when an individual reasonably believes that someone is about to use deadly physical force unlawfully when attempting to or committing crimes such as kidnapping, assault, burglary, rape, forcible sodomy and robbery (Edition.cnn.com, 2014).
However, there are several factors to be considered in order to determine legally whether it necessary for a person to use deadly force in self-defense. First, if a person can prove that they reasonably believed that deadly force was necessary to protect themselves, then defense is allowed. This applies even when the defendant does not actually have to defend himself and only reasonably believed on the actual need for self-defense. The second scenario when deadly force can be used is when a person reasonably believes that they are threatened with physical harm. The third reason where deadly force may be applied in self-defense is when the nature of physical force/ threat applied to them is unlawful, and that the harm is imminent. Finally, deadly force can only be used if the defendant can prove that the harm was of such a nature that deadly force was a requirement for self-defense (Nationalparalegal.edu, 2014).
There is a doctrine holding that victims of a deadly attack/assault must first attempt to retreat safely before using deadly force in self-defense. However, this doctrine of the ‘duty to retreat’ has several limitations especially in cases where the defendant is the owner of the property where the attack occurs, or have the legal right to be at such a place e.g. in the case of robbery, burglary, and carjacking. In fact, this doctrine does not apply in at least 25 American states such as North Carolina where there are Stand your Ground Laws that give citizens the legal right to defend themselves from violent threats without the need to first retreat (The Beaufort Observer, 2013). However, as earlier stated, there are exceptions to the use of deadly force in self-defense against persons such as bail-bondsmen, police officers or other law enforcement officers, and landlords or other persons who have the legal right to be at the place where one is (The Beaufort Observer, 2013).
References:
Edition.cnn.com. (2014). Expanded self-defense laws. Retrieved 7 June 2014, from http://edition.cnn.com/interactive/2012/04/us/table.selfdefense.laws/
Nationalparalegal.edu. (2014). Self Defense. Retrieved 4 June 2014, from http://nationalparalegal.edu/public_documents/courseware_asp_files/criminalLaw/defenses/SelfDefense.asp
The Beaufort Observer. (2013). When is it legal to use deadly force in self-defense? Retrieved 5 June 2014, from http://www.beaufortobserver.net/Articles-NEWS-and-COMMENTARY-c-2013-07-15-267856.112112-When-is-it-legal-to-use-deadly-force-in-selfdefense.html
