Legal Definitions - inculpatae tutelae moderatio

Inculpatae tutelae moderatio is a legal principle that translates from Latin to mean the "moderation of blameless defense." It refers to the requirement that any force used in self-defense must be reasonable and proportionate to the threat faced. In essence, it means that while you have a right to defend yourself, the defensive action you take should not exceed what is necessary to protect yourself from harm. The force used must be justified and not excessive, ensuring that your defense itself remains "blameless."

• Example 1: Home Invasion
  Imagine a homeowner discovers an unarmed intruder in their living room, attempting to steal a television. The intruder, startled, drops the TV and tries to flee through a window. If the homeowner then tackles the intruder, breaking their leg to prevent escape, a court applying inculpatae tutelae moderatio would evaluate whether this level of force was proportionate. While the homeowner had a right to defend their property and person, the principle would question if breaking the leg of an unarmed, fleeing thief was a reasonable and necessary response once the immediate threat to the homeowner's safety had diminished.
• Example 2: Street Altercation
  During a heated argument on a public street, one individual shoves another. In response, the person who was shoved pulls out a concealed knife and inflicts a severe stab wound on the shover. A legal assessment using inculpatae tutelae moderatio would likely find that using a deadly weapon in response to a mere shove, which typically does not pose a threat of grievous bodily harm or death, was an excessive and disproportionate use of force. The defensive action went beyond what was reasonably necessary to repel the initial, less severe threat.
• Example 3: Workplace Threat
  An employee feels threatened by a coworker's aggressive verbal abuse and menacing gestures. In a moment of panic, the employee grabs a heavy stapler and strikes the coworker repeatedly, causing significant head injuries, even after the coworker had backed away and ceased the aggressive behavior. While the initial fear might be understandable, the principle of inculpatae tutelae moderatio would scrutinize whether the sustained and severe use of force was still justified once the immediate threat had receded and the coworker was no longer actively posing a danger. The defense must be moderated to the ongoing threat, not just the initial perception of danger.