How Self-Defense Defense is Scrutinized

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• First, is the threshold issue, whether the force applied was an intentional act or was unplanned attack/accident. 
• Second, this issues is if claiming self-defense did you provoke the confrontation that led to violence?
• You cannot provoke, prolong, or contribute in any way to the escalation of events that result in violence/death.
• Third, this issue asks if there is a triggering threat.
• Where there is an imminent threat of serious harm or death turning the light switch on. No threat, light switch is off and there is NO in between.
• Fourth, this issue asks is the threat imminent? 
• did it require immediate action to avoid? 
• The danger must be immediate, right now, about to occur, not something that might or will happen at some point in the future. 
• Fifth, this issues asks, is there reasonable fear? 
• The facts must justify a reasonable belief in the defender's mind that he or she is about to be injured or killed.
• At a minimum the threat must be such that it transforms a person's undifferentiated fear into fear focused on a specific danger. 
• Sixth, then the issues is looked at as to whether there existed a reasonable alternative to the use of force. 
• Force may be employed provided there is no reasonable alternative to its use. 
• The LAW has a strong preference for the avoidance of violence and the peaceful resolution of disputes whenever possible. 
• If there is an easy, available way for a person who is threatened to avoid the danger, by simply walking away, then the pathway to safety must be taken because simply walking away is a reasonable alternative to employing violence. 
• Seventh, this issue relates to de-escalation of the confrontation. 
• If the initial aggressor abandons the fight, or is unable to continue it, or has somehow indicated he wants peace rather than further confrontation then the light switch is OFF immediately, and with it the right of self-defense defense. The LAW deems the encounter over and the danger passed. 
• Eighth, this issue focuses on the reasonableness of the force used to avoid danger. 
• The force one uses in self-defense can be deadly, but it can't be more than in necessary to neutralize the threat. It must be reasonable force, sufficient force to contain the danger, but no more. 

These eight issues appear, in one form or another, in almost every self-defense claim, and they provide a good framework for beginning to think about how self-defense works. 

- Chapter 1: Necessity; Common Issues in Self-Defense Claims (Lawlor, Bruce M. “When Deadly Force is Involved.” Rowman & Littlefeild. 2017)

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