MBE Rules · Criminal Law
Self-defense
The rule
Use of reasonable, non-deadly force to defend against imminent unlawful force. Deadly force only against imminent deadly force or great bodily harm. Majority: no duty to retreat (true man rule); minority requires retreat outside the home before deadly force (castle exception).
In plain English
You can use force to protect yourself if someone is about to hurt you, but you can only use deadly force if you're facing a serious threat. Most places don't make you run away first, unless you're not at home.
Worked example
The defendant is approached by someone with a knife in a parking lot. Fearing for their life, the defendant uses a gun in self-defense. In most places, they aren't required to try to escape first.
Memory hook
Stand Your Ground or Castle Retreat: Majority says stand firm, minority says retreat unless at home.
The trap
Students think: Always retreat before using force. Wrong, because majority rule requires no retreat. The actual test is if deadly force is necessary and imminent.
How examiners test it
The MBE loves: attacker threatens, no weapon visible. Question: deadly force justified? Trap: assuming retreat is required. Look for imminent threat of deadly force or great bodily harm.
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