PRE-DISCUSSIO

N ACTIVITY
SINE MO ‘TO Let’s play a
game!
SELF DEFENSE
ALVIN A. GAPUZ, LPT
What is Self Defense?
• Self defense is a common example of the
general defense of lawful use of force
• Legal term that refers to a type of
affirmative defense used to explain one
person’s use of force against someone
who can cause harm.
• Self-defense is a legal term which
allows a person to use reasonable
force to protect him or a third person
from personal injury inflicted by
another so long as the defender has
reason to believe that he or a third
person is in serious danger.
When Can I Use
Self-Defense?
• The laws on self-defense vary by
state. Self-defense can only be used
in response to an immediate threat.
For example, if a person with a knife
threatens to stab you if you don’t
give him all your money, and you run
away unscathed, you cannot claim
self-defense if you hunt down the
perpetrator 24 hours later and punch
him.
A person may Defense of their person, property or
habitation
use self-defense Someone who manifests intends,
attempts, or endeavors, by violence
under such or surprise.
circumstances Someone who commits a forcible
felony, such as murder, rape,
like: robbery, arson, burglary.
How Much Violence Can I Inflict on an
Aggressor Using Self-Defense?

• Self-defense can only warrant a proportional response. In that

regard, the use of force inflicted during self-defense must match
the level of the threat by the aggressor.
 • If an aggressor is
threatening to use deadly
force against you, you are
permitted to use deadly
force in defending yourself
in order to counteract the
threat. You may not,
however, use deadly force
to defend yourself if the
threat is minor.
• AGGRESSOR Vs.
Defendant
• Deadly Force Vs.
Non-Deadly Force
NDF VS. NDF
DF VS DF
4 elements of • To successfully claim
self-defense, the defendant
must prove four elements.

self defense
1. Unprovoked attack.

• First, with exceptions, the

defendant must prove that he or
she was confronted with
an unprovoked attack.
2. Imminence of harm
. Second, the defendant must
prove that the threat of injury or
death was imminent.
Example of • Vinny tells Fiona that if she does not pay
him the $1,000 she owes him, he will put out
an Attack a contract on her life. Fiona pulls out a
loaded gun and shoots Vinny. Fiona cannot
successfully argue self-defense in this case.
That Is Not Vinny’s threat was a threat of future
harm, not imminent harm. Thus, Fiona had
Imminent plenty of time to contact law enforcement to
help protect her safety.
 • Dwight and Abel get into a fist fight. Dwight
Example of knocks Abel unconscious. Dwight observes
Abel for a few minutes, and then he picks up
an Attack a large rock and crushes Abel’s skull with it,
killing him. Dwight cannot claim
self-defense in this situation. Once Dwight
That Is realized that Abel was unconscious, he did
not need to continue to defend himself
Retaliatory against an imminent attack. Dwight’s
conduct appears retaliatory and is
not justified under these circumstances.
3. Equal Force
3. Third, the defendant must prove
that the degree of force used in
self-defense was objectively
reasonable under the
circumstances
 • Nicholas, an intruder, pins Wanda to the
floor of her garage and begins to forcibly
remove her clothing. Wanda feels around the
Example of floor with her hand and finds a screwdriver.
She plunges the screwdriver into Nicholas’s
Appropriate neck, killing him. Wanda has used
appropriate force and can claim self-defense
in most jurisdictions. A reasonable person in
Deadly Wanda’s situation would feel deadly force is
necessary to repel Nicholas’s sexual assault.
Force Nicholas’s attack is a serious felony that
could result in serious bodily
injury or death. Thus, the use of deadly
force is legally justified under these
circumstances.
4. Choice to repel
• Fourth, the defendant must prove that
he or she had an objectively reasonable
fear that he or she was going to be
injured or killed unless he or she used
self-defense
 • The Model Penal Code defines the duty to retreat by
stating that the use of deadly force is not justifiable
if “the actor knows that he can avoid the necessity
of using such force with complete safety by
Duty to retreating”

retreat • The defendant must retreat if there is an objectively

reasonable belief that the attacker will cause death
or serious bodily injury, and a retreat won’t
unreasonably increase the likelihood of death or
serious bodily injury.
Stand-your -ground
• A stand-your-ground law (sometimes called "line in the sand" or "no duty to retreat"
law) provides that people may use deadly force when they reasonably believe it to be
necessary to defend against deadly force, great bodily harm, kidnapping, rape, or (in
some jurisdictions) robbery or some other serious crimes
Types of
•Perfect Self-defense
self-defe •Imperfect Self-Defense

nse
1. Perfect Self-Defense
• Perfect self-defense is the use of force by one who accurately appraises the necessity
and the amount of force to repel an attack. It meets all the generally accepted legal
conditions for such a claim to be valid. Perfect self defense requires that when deadly
force is used the defendant reasonably believed it to be necessary to kill the
decedent, to avert imminent death or great bodily harm, and the defendant was not
the initial aggressor nor was responsible for provoking the fatal confrontation.
2. Imperfect Self-defense

"an intentional killing committed with an unreasonable but honest belief that
circumstances justified deadly force"

In the states that recognize it, imperfect self-defense typically applies where a
defendant kills someone pursuant to an actual, but unreasonable belief that:

• there was an imminent threat of death or great bodily injury, or

• deadly force was necessary to stop a threat.
 • Example: Oscar, who lives alone, awakens in the
middle of the night in his bedroom and hears
someone moving around in the next room. He

Imperfect hears footsteps coming toward his bedroom

door and gets his gun from the nightstand. As he
sees the doorknob begin to turn, he starts firing,
killing the person on the other side of the door.

Self-Defe Oscar doesn’t qualify for “perfect” self-defense if

he didn’t reasonably believe that he faced an
imminent threat of death or great bodily injury
when he started shooting. Firing through the

nse door without knowing who was on the other side

may have been unreasonable. As a backup to
self-defense, Oscar could argue imperfect
self-defense in order to reduce the murder
charge he faces to manslaughter.
Basic Self-Defense Moves
women must know
• The rise of rate in sexual harassment,
assault or both worldwide is increasing
therefore requires women to learn basic
self-defense moves. Even if you’ve
personally never felt yourself in a
situation that made you feel physically
unsafe, having reassurance about your
next steps (and what you can do to help
yourself should the unfortunate
circumstance ever happen) can make all
the difference.
1. Get Loud
2. Use everyday objects
Hitting vulnerable areas
1. Hitting the Eyes
2. Hitting the Nose
3. Hitting the Neck
4. Hitting the Groin
5. Hitting the knees
6. Hitting the chest
 • However, if you don’t feel confident, you’re able to
How to stay physically handle an attacker, take these precautions:

safe if you • Safety tips

aren’t 1. Stay in a well-lit public area. Don’t go home or
physically turn away from crowds. Walk into a store or a
coffee shop and ask for help.

able to 2. Call the police. Find a well-lit public area and dial

911 or your local emergency services if you feel
you’re in danger.
protect 3. Carry protection. Whether pepper spray, a
yourself personal safety alarm, or a lipstick taser,
self-defense tools can help you feel more at ease.
•
 • The Rape, Abuse & Incest National
Network reports that 70 percent of
sexual violence cases aren’t committed
Learn to develop by random strangers in a dark alley, but
by people we know: friends, family,
boundaries, even partners, co-workers, etc.
• This can cause us to let our guard
with people you down. We might be too embarrassed,
too shy, or too scared to hurt others’
know feelings that we don’t always think
about ourselves.
• Some essential principles of prevention
also include:
Awareness. Make sure you’re aware of your environment as much as possible. Limit distractions
when walking from place to place or other public settings. Don’t constantly stare down at your
phone. Make sure you can hear around you. Have keys ready. Walk with a purpose.

Boundaries. Make it a point to ask yourself why somebody makes you uncomfortable. Be verbal
with them. No matter how much you want a friendship or relationship to work, if they can’t respect
your boundaries, they’re somebody you shouldn’t have in your life.
THANK YOU FOR
LISTENING