The Use of Deadly Force In Self Defense (Criminal Law Series)

This casebook contains a selection of 73 Federal Court of Appeals decisions that discuss the use of deadly force in self-defense. The selection of decisions spans from 2001 to the date of publication. For each circuit, the cases are listed in the order of frequency of citation. The most cited decisions appear first.

In Illinois, force that is intended or likely to cause death or great bodily harm may be justified "only if [the defendant] reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or another or the commission of a forcible felony." 720 Ill. Comp. Stat. 5/7-1(a). Further, such deadly force may be used in defense of a dwelling when entry is made or attempted in a violent, riotous, or tumultuous manner, and the defendant reasonably believes that the force is necessary to prevent an assault upon himself or another then in the dwelling or the commission of a felony in the dwelling. See id. 5/7-2(a). US v. Rice, 673 F. 3d 537 (7th Cir. 2012)

To establish the affirmative defense of self-defense, the defendant must provide evidence supporting each of the following elements: (1) force had been threatened against the defendant; (2) the defendant was not the aggressor; (3) the danger of harm was imminent; (4) the force threatened was unlawful; (5) the defendant actually believed that the danger existed, that the use of force was necessary to avert the danger, and that the kind and amount of force actually used was necessary; and (6) the defendant's beliefs were reasonable. The government may then defeat the claim by proving beyond a reasonable doubt that one of the elements of self-defense is not met. Ibid.

If one responds with such excessive force that one is no longer acting in self-defense but in retaliation, such excessive use of force renders one the protagonist. US v. Rice, 673 F. 3d 537 (7th Cir. 2012)