by Judge Bryan H. Levy

A person has the right to use deadly force as self defense under certain circumstances. Lawful self defense is a complete defense to a charged crime.

First, the person must honestly and reasonably believe he or she was in danger of being killed, seriously injured, or forcibly sexually penetrated. This means the belief must be both honest and reasonable. However, it need not be correct. In other words, if one believes he or she is in such danger, and that belief is reasonable, even though he or she is wrong, self defense is still available.

Second, the amount of force must be consistent with the threat. One cannot use deadly force to combat a threat of minor injury.

Third, the danger must be thought to be immediate. A threat to do harm in the future does not justify self defense.

The requirement that the use of self defense must be reasonable has direct implications for the karate student. What is a reasonable response for a person with no martial arts training will not be deemed reasonable for a black belt. Clearly, a black belt will be expected to know the difference between a minor threat and a life threatening assault. A black belt will also be expected to resolve the matter with less force than would a white belt.

While we know that black belts have varying amounts of skill and knowledge ( I for one have often enjoyed the pleasure of eating Mr. Swartz's gloves and my ribs are very familiar with Mr. Kerwin's feet), it would be foolish to expect others outside of the martial arts to understand this. Therefore, it is suggested that one bears this in mind before exercising force.

Under Michigan law, a person must retreat before using deadly force if it is safe to do so. This duty to retreat does not apply in one's own home. While this does not necessarily extend to the limits of the lot line, it will certainly apply to any buildings attached to the home.

The person who starts a fight cannot claim self defense unless he or she stops fighting and so notifies the other person. If the other person then continues the fight, self defense may be claimed to the same extent as if the person was the original victim. Additionally, if the person is the aggressor using non-deadly force and the victim responds with deadly force, the person may defend himself using whatever force is necessary.

The burden of proof relative to self defense is on the prosecution. That means that the prosecution must prove beyond a reasonable doubt that the defendant did not act in self defense rather than requiring the defendant to prove he did act in self defense. Prior violence by the complaining witness may be considered by the jury in determining whether the defendant actually and reasonably believed there was danger.

The right to defend others is essentially the same as the right to defend oneself. If one is acting against a group, self defense can be claimed against any member of the group. However, one can use deadly force only against a member of the group who has threatened death, serious injury or forcible sexual penetration.