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The Library · The Lexicon

Self-defense terms,
as counsel argues them.

Twelve terms that structure a self-defense case, defined at the level of the formulation most states share. Elements, burdens and procedure vary by jurisdiction, so these are working definitions to be read against the statute and the pattern instructions that actually govern the case.

Attorney and law-firm inquiries only

The Standard

The core of a justification claim.

Self-defense terminology is state law terminology, and the same phrase can carry different elements one state line over. What follows is the shared baseline, so counsel can brief the local variation against something stable. The expert addresses threat analysis and police practices; the governing statute and jury instructions are counsel’s ground. For the retreat rules specifically, see stand your ground compared with ordinary self-defense.

Justification

The defense that force otherwise unlawful was permitted under the circumstances, rather than a denial that the force occurred. It changes what the case is about: the act is usually conceded, and the surrounding facts become the entire contest. Which party carries the burden, and to what standard, varies by state and often by procedural posture. The analysis addresses the threat as it presented and the force as it answered.

See: related casework →
Reasonable belief

The requirement, in most formulations, that the belief in the need to use force be honestly held and objectively reasonable for a person in the same situation, knowing what that person knew. Reasonableness is judged on the information available at the moment, without hindsight and without facts learned afterward. The analysis assembles what was knowable then: the scene, the distance, the words exchanged, the movements, and what the record shows was perceived.

See: Totality of circumstances →
Imminent threat

Harm about to occur, as distinct from harm feared for later or harm that has already ended. Immediacy is the hinge in most self-defense cases, and it is contested with time and distance: how far apart the parties were, what the other party was doing and holding, and how little time the decision occupied. Where video exists, this is where a timeline built from it does the most work.

See: related casework →
Proportionality

The requirement that the force used correspond to the threat faced, felt most sharply at the line between deadly and non-deadly force. Proportionality is assessed at the moment of decision and again as the encounter changes, because a threat that ends changes what further force can be justified. For that reason the analysis addresses each application of force separately instead of treating the incident as one undivided act.

See: related casework →
Retreat Rules

Retreat, ground and home.

Duty to retreat

In states that impose it, the obligation to avoid deadly force by retreating where that can be done in complete safety. Where the duty applies, the contested question is rarely the rule and almost always the facts: whether an avenue of retreat existed, whether it was apparent to the person at the time, and whether it was actually safe. Many states have narrowed or removed the duty by statute, and most recognize an exception in the home.

See: SYG vs self-defense →
Stand your ground

The statutory position, adopted in varying forms by many states, that a person who is lawfully present and not engaged in unlawful activity has no duty to retreat before using force that is otherwise justified. It removes the retreat question. It does not relax reasonable belief, imminence or proportionality, which is the distinction most often lost in argument. Several states pair the rule with a pretrial immunity procedure.

See: related casework →
Castle Doctrine

The older common-law principle, codified in most states, that a person attacked in the home need not retreat, and in many states may rely on a statutory presumption of reasonable fear when someone enters unlawfully and forcibly. The variables that decide these cases are definitional: what counts as the dwelling, whether a porch, garage, surrounding property or vehicle is included, and whether the other person had a lawful right to be there.

See: Castle Doctrine →
Immunity hearing

A pretrial proceeding, in states whose statutes provide one, at which the court decides whether a defendant is immune from prosecution for justified force. It compresses much of the case into a single early hearing, which is precisely why disciplined threat analysis is worth the most at that stage. Burden and standard vary by state. The expert addresses the threat and the force on the hearing record; the immunity ruling belongs to the court.

See: related casework →
The Conduct

Who did what, and with how much force.

Initial aggressor

The person who began the unlawful confrontation, who in most states forfeits the justification defense unless it is regained, commonly by withdrawing and communicating that withdrawal, or where the other party escalates far beyond the original conflict. Because the label decides many matters outright, the record work is granular: who approached whom, what was said, and what video and scene evidence show about the first physical contact.

See: related casework →
Defense of another

Force used to protect a third person, generally justified to the extent that person would have been justified in defending themselves. The recurring complication is a mistaken but reasonable perception of what was happening, which states resolve differently. The analysis is the same threat analysis applied to a different vantage point: what the intervening person could see, hear and know at the moment of the decision.

See: related casework →
Brandishing

Displaying a weapon to deter, without discharging or striking. States treat display differently: some address it as a distinct offense, others analyze it as a threat of force inside the justification framework. In casework the useful questions are what the display was intended to accomplish and how it presented to the other party, documented from statements, video and scene evidence rather than from the label in the charging document.

See: Lexicon: force →
Deadly and non-deadly force

Deadly force is force likely or intended to cause death or serious bodily harm; non-deadly force is everything below that line. The line matters because retreat rules, proportionality and often the burden attach to it. Where the person using force is an officer rather than a civilian, the framework changes. A civil claim that the officer’s force was an unreasonable seizure is analyzed under Graham v. Connor, 490 U.S. 386 (1989) on the totality of the facts and circumstances, without hindsight. A criminal charge against an officer is measured against the state’s justification statute and pattern instructions, which often differ from the civil test.

See: related casework →

Force vocabulary overlaps with the officer standards. The use-of-force lexicon defines objective reasonableness, force options and force reassessment as those terms are used in police cases.

The Case Itself

When the question becomes a retention.

This page is reference. When a live matter needs the analysis, these are the doors.

Questions

Asked alongside this one.

Does stand your ground remove the requirement of reasonable belief?
No. It removes the duty to retreat for a person who is lawfully present and not engaged in unlawful activity. The requirements that the belief in the need for force be reasonable, that the threat be imminent, and that the force be proportionate all remain. Statutes differ in scope and in the procedure attached to them, so the governing text and the pattern instructions control.
What does a police practices expert contribute to an immunity hearing?
A threat-assessment chronology built from scene records, statements and available video: what each party did, in what order, at what distance, and what was knowable at the moment force was used, on the totality of the circumstances. The court decides immunity. The expert makes the sequence and the applicable standards clear on the hearing record, and hearing dates are flagged at retention so the work lands on schedule.
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