Main Content
Justification
What Is Reasonable?
In this section, we will discuss one kind of justification: self-defense. Self-defense justifies what would otherwise be a crime—more than excusing it, it affirms that what would otherwise be a criminal act is in fact acceptable or desirable in the situation.
In cases of legal self-defense, our system treats persons who kill or injures another person while defending themselves or others as morally right.
Legalizing assault, killing, or other forceful actions inevitably devolves the state’s usual monopoly on the legitimate use of force to individual persons capable of abusing it. Thus, legal self-defense raises several concerns. Should self-defense be permitted only as a last resort? Must the defender respond with minimal force, or is any amount of force permissible? Must the threat be actual, subjectively reasonable, or objectively reasonable?
Different jurisdictions have created different schemes for considering when force is justifiable. Compare the questions raised by situations such as ongoing abusive domestic relationships and an encounter with a stranger on the subway. As you read the following cases, consider the legal system’s difficulty in managing individuals’ legal use of force, and notice how the law attempts to channel and contain Pandora’s box.
Warning: This chapter includes emotionally and mentally challenging cases and materials. Please take breaks as needed while reading this material and feel free to take a walk during class if you need to.
Self-Care Strategies for Managing Secondary Traumatic Stress | Counseling@Northwestern
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