Legal Definitions - defense of others

The legal concept of defense of others serves as a justification for actions that might otherwise be considered a crime. It allows an individual to use reasonable force to protect another person (a "third party") from an immediate threat of harm by someone else.

For this defense to apply, the person intervening must have a reasonable belief that the third party is in danger and that their intervention is necessary to prevent harm. The amount of force used must also be reasonable and proportionate to the perceived threat. While some legal systems might require a pre-existing special relationship between the protector and the person being protected (such as a parent-child or spousal relationship), most jurisdictions do not impose such a requirement, focusing instead on the reasonableness of the belief and the force used.

Here are some examples illustrating the application of defense of others:

• Example 1: Protecting a Stranger in Public

  Imagine a person, Sarah, is walking down a street and witnesses a much larger individual aggressively grabbing a smaller, elderly person's bag and attempting to push them to the ground. Sarah, believing the elderly person is in immediate danger of injury and theft, steps in and firmly pulls the aggressor away, allowing the elderly person to escape. Sarah's actions, though involving physical contact, could be justified under defense of others because she reasonably believed the elderly person was facing imminent harm and used reasonable force to prevent it, even though she had no prior relationship with either party.

• Example 2: Intervening for a Friend

  During a social gathering, Mark observes his friend, David, being cornered and repeatedly punched by another guest who is clearly intoxicated and out of control. David is visibly distressed and unable to defend himself effectively. Mark quickly steps between David and the aggressor, pushing the aggressor back to create space and stop the assault. Mark's intervention, using force to protect David, would likely fall under defense of others. He acted based on a reasonable belief that David was being assaulted and needed immediate protection, and the force he used was aimed at stopping the attack.

• Example 3: A Parent Protecting Their Child

  A parent, Emily, is at a playground with her young child. Another child suddenly becomes aggressive and starts hitting Emily's child repeatedly with a hard plastic toy, causing visible distress and minor injuries. Emily immediately steps in, gently but firmly separating the children and shielding her child from further blows. Emily's actions to protect her child from harm would be a clear instance of defense of others. She had a reasonable belief that her child was being harmed and used appropriate, reasonable force to intervene and ensure their safety.