Legal Definitions - moderamen inculpatae tutelae

Moderamen inculpatae tutelae is a Latin legal principle that describes the appropriate and necessary degree of force an individual is justified in using when defending themselves or another person from harm. It emphasizes that while self-defense is a recognized right, the force employed must be reasonable and proportionate to the threat faced. If the force used exceeds what is necessary to neutralize the immediate danger, it may no longer be considered justifiable self-defense.

• Example 1: Home Invasion

  Imagine a homeowner who wakes up in the middle of the night to find an intruder attempting to force open their bedroom door. Fearing for their safety and the safety of their family, the homeowner grabs a heavy object and strikes the intruder once, causing them to retreat and flee the house.

  This action would likely fall within the bounds of moderamen inculpatae tutelae. The homeowner used force that was proportionate to the perceived threat (an intruder attempting to enter a private space at night). The single strike was aimed at neutralizing the immediate danger and protecting themselves and their family, not at inflicting excessive or retaliatory harm.

• Example 2: Street Altercation

  Consider a situation where two individuals are having a heated verbal argument on a public sidewalk. One person suddenly shoves the other, causing them to stumble. The person who was shoved then responds by tackling the aggressor to the ground and repeatedly punching them, even after the aggressor is no longer actively resisting or posing a threat.

  In this scenario, while the initial shove might justify a defensive push or block, the subsequent actions of tackling and repeatedly punching the aggressor once they were subdued would likely exceed the limits of moderamen inculpatae tutelae. The force used became disproportionate to the ongoing threat, moving beyond justifiable self-defense into excessive force.

• Example 3: Protecting a Vulnerable Person

  Suppose a bystander witnesses an elderly person being violently mugged and pushed to the ground by an attacker attempting to steal their bag. The bystander intervenes by pulling the attacker off the elderly person and holding them firmly until law enforcement arrives, without inflicting further injury once the threat is contained.

  This situation demonstrates moderamen inculpatae tutelae because the bystander used reasonable and necessary force to protect another vulnerable person from immediate and serious harm. The intervention was proportionate to the threat of ongoing violence and theft, and the act of restraining the attacker without causing additional injury was aimed at neutralizing the threat, not at retaliation.