Prosser,
p. 101-104: Self-Defense
1. You have the
privilege to defend yourself against a threatened battery.
2. Retaliation is
not allowed. In other words, once battery
is no longer threatened, you no longer have the privilege of self-defense.
3. You have the
privilege to defend yourself when you reasonably belief you are threatened with
battery, even if in fact you are not.
Your mistake may protect you in this limited case.
4. Language is
not sufficient to justify self-defense.
5. The privilege
of self-defense is limited to the use of force that is necessary or reasonably
appears necessary to protect yourself.
6. It is a matter
of disagreement whether the defendant has a duty to retreat if it is possible
to do so without harm. When battery is
threatened with a gun, this becomes a moot point.
7. Self-defense
carries over to transferred intent such that if you harm a third-party in
self-defense, you’re not liable.