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Tim and Don are in an empty, open area outdoors. Tim and Don are arguing. Tim...

  1. Tim and Don are in an empty, open area outdoors. Tim and Don are arguing. Tim punches Don in the face. May Don strike him back claiming self-defense? What are the circumstances in which self-defense may be legitimately used?
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Answer #1

The elements of self-defense are

An attack that is unprovoked

Threat of injury or death

Objectively reasonable degree of force in response

Reasonable fear of injury or death.

In this situation, the argument so far has been verbal and Don was reasonable to assume that it will continue to be a verbal argument. If Tim has punched Don in the face, Don has reason to fear for injury and perceived threat of further injury. The attack can also be viewed as unprovoked. Thus Don can reply in the same manner to subdue Tim. That is, Don can punch Tim in the face for self-defense. However, Don’t may not use weapons or other tools to strike Tim.

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