Legal Definitions - se defendendo

se defendendo

This Latin legal term translates to "in self-defense" or "in defending oneself." It refers to actions taken by an individual to protect themselves or others from an immediate threat of harm, injury, or unlawful force. When an action is described as se defendendo, it implies that the act, which might otherwise be considered unlawful, is justified because it was a necessary response to an imminent danger.

• Example 1: A person walking alone at night is suddenly confronted by an assailant who attempts to snatch their bag and threatens them with a weapon. In the struggle, the person pushes the assailant away forcefully, causing the assailant to stumble and drop the weapon, allowing the victim to escape unharmed.

  Explanation: The act of pushing the assailant, which involved physical force, would be considered se defendendo. The individual's actions were taken solely to protect themselves from an immediate threat of robbery and potential physical harm, making the use of force justifiable in that context.

• Example 2: During a home invasion, a homeowner hears an intruder breaking through a window. Fearing for the safety of their family, the homeowner grabs a heavy object and confronts the intruder, striking them once to incapacitate them and prevent further entry, before calling the police.

  Explanation: The homeowner's use of force against the intruder, resulting in injury, would be argued as se defendendo. Their actions were a direct and immediate response to protect themselves and their family from a perceived imminent threat within their home.