Because of the seriousness of this topic and the potential consequences of your actions when you use physical force against another human being, I feel compelled to start this article with a disclaimer. I am not an attorney or an expert on the use of force. Before you begin carrying anything with the intention of using it against another person, even in lawful self defense, you should consult someone who is both an attorney and an expert on the use of force in your state. Do not risk your reputation and very freedom on advice from your neighbor, divorce lawyer, or the guy behind the counter at a gun store. You are solely responsible for your actions, and you have been warned.
This article is intended as a starting point in order to provide you with a basic familiarity of some of the requirements for the use of force, including lethal force, in self defense. After reading, you will have some things to consider and will be more capable of asking appropriate questions when you discuss self defense with the expert mentioned above.
In order to justify any use of physical force against another person, you must not only detect, but be able to articulate after the fact, three things. These three things are ability, opportunity, and jeopardy. You must believe that your opponent has the ability to harm you, is about to get an opportunity to harm you, and you must be in jeopardy, or at risk of bodily harm.
The first theory on justifying the use of force I was taught was the one plus one theory. This is the belief that an innocent party is allowed to defend herself with just slightly more force than that used against her. In a simple one on one confrontation with no other factors to consider this is likely the standard you will be held to during any investigation by authorities. It is rather narrow in focus however, and has been largely superseded by the reasonable man theory, which better evaluates the total situation.
The reasonable man theory basically states that any use of force must be the same level of force that would be used by any reasonable person in the same situation, given everything you knew or what you reasonably should have known. This is important because it brings into consideration your reasonable beliefs at the time of the incident. You are not expected to know everything with one hundred percent accuracy. You are, however, expected to make a prudent decision based on the facts that were available to you. For example, you walk outside and surprise someone breaking into your car. You order them not to move and they turn toward you with a shiny metal object in their hand. It is reasonable to believe they could be about to attack you with a weapon, justifying a lethal force response. If, on the other hand, a small boy verbally threatens you, it would not be appropriate to respond with any use of force, since it is not yet reasonable to believe he has the ability to harm you.
While we could discuss even further how to choose the proper level of force in any given situation, for the most part it boils down to this: Use the absolute lowest level of force that will allow you to get through the situation safely. If you can choose any option other than the use of force, especially lethal force, then choose the other option. Depending on the situation this could include ignoring someone’s derogatory language, walking away, or running if need be, leaving your door locked, or even hiding. Even if you are 100% justified in your use of lethal force in self defense, you are in for an ordeal that will likely cost you a tremendous amount of money and stress for quite some time afterward. People have been driven to bankruptcy and even imprisoned following actions taken in self defense that were likely justified.
One final tip for the many of you who carry a gun in accordance with the laws in your state: If you would not go there unarmed, do not go there at all. You do not want to be seen as trigger happy or looking for trouble. The only thing I am willing to risk my freedom to protect is innocent life, whether my own or someone else’s. Not pride. Certainly not money. I hope you feel the same way.