π
Criminal Law β’ Justification
CRIMLAW#017
Legal Definition
In defense of a dwelling, one can always use non-deadly force, but may not use deadly force unless: (1) protecting inhabitants within the home from a violent intrusion, or (2) where the intruder intends to commit a felony inside.
Plain English Explanation
If someone breaks into your home, the law is generally okay with you smacking the intruder around or physically hurting them; things like punches, kicks, shoving, etc. are all reasonable things to do against anyone who enters your home without permission. However, in many jurisdictions, you're not allowed to use deadly force unless (1) you're protecting yourself or others inside of the home from a "violent intrusion" or (2) when the intruder is intending to "commit a felony" inside of your home. These factors can be a bit confusing. Let's talk about why:
First off, it's always important to remember that law school exams and bar exams exist in a fantasy world of fact patterns defined solely by the facts you are given on the exam. This means that on an exam where someone accidentally enters the wrong house only to frighten its inhabitants and get shot in the face, on an exam you would probably want to identify this as an example of unreasonable use of force. What gets confusing is if this same situation played out in the real world, it gets more complicated. People spook pretty easy and, because of that, many states have presumptions that lethal force is okay in these same situations. In other words, many students struggle with questions like these on an exam because they answer more based on what they may do in the real world instead of answering what they should do in the fake exam world that they are tested on.
Put simply, like most things on an exam: don't overthink this too much. If the intruder seems to pose a risk to the people inside of the home, argue that they do. Otherwise, don't get trigger happy.
First off, it's always important to remember that law school exams and bar exams exist in a fantasy world of fact patterns defined solely by the facts you are given on the exam. This means that on an exam where someone accidentally enters the wrong house only to frighten its inhabitants and get shot in the face, on an exam you would probably want to identify this as an example of unreasonable use of force. What gets confusing is if this same situation played out in the real world, it gets more complicated. People spook pretty easy and, because of that, many states have presumptions that lethal force is okay in these same situations. In other words, many students struggle with questions like these on an exam because they answer more based on what they may do in the real world instead of answering what they should do in the fake exam world that they are tested on.
Put simply, like most things on an exam: don't overthink this too much. If the intruder seems to pose a risk to the people inside of the home, argue that they do. Otherwise, don't get trigger happy.
Related Concepts
In most states, is deadly force permissible in the defense of property?
When may an aggressor use self-defense against their victim?
When may a person use deadly force in self-defense?
When may deadly force be lawful during crime prevention?
When using deadly force in self-defense, when does a person have a duty to retreat?