By: Mark Schneider, NRA Certified Instructor
Colorado is among many states that have enshrined the right to self-defense into law, ensuring that individuals can protect themselves and others from imminent harm. A crucial component of this law is the concept of proportionality. To understand this, we need to dive deep into the Colorado Revised Statute (CRS) 18-1-704.
What is CRS 18-1-704?
CRS 18-1-704 defines the circumstances under which a person is justified in using physical force, including deadly force, in defense of themselves or another. It emphasizes that the force used must be proportional to the threat faced, meaning it should not exceed the necessary amount to prevent the harm.
Breaking Down Proportionality
The concept of proportionality is fundamental to many legal principles, from international warfare to personal self-defense. In the context of self-defense, proportionality refers to using an appropriate and not excessive level of force in response to a perceived threat.
1. Physical Force in Defense of a Person
Under the statute, a person is justified in using physical force upon another person if they reasonably believe it’s necessary to defend themselves or someone else from the other person’s imminent use of unlawful physical force. However, they may not use more force than is reasonable and necessary to defend against the threat.
2. Prohibitions Against Deadly Force
Deadly force isn’t always justified. A person can’t use deadly force unless they believe they or someone else is in imminent danger of being killed or receiving great bodily harm. Moreover, they cannot use deadly force if they provoked the other person or can safely retreat from the situation.
Examples of Proportionality
To better grasp the concept, let’s consider some examples:
- Example A: Imagine someone slaps you during an argument. While you may be justified in using physical force to prevent another slap, you wouldn’t be justified in shooting them as that would be disproportionate to the threat.
- Example B: Conversely, if an armed intruder breaks into your home and you reasonably believe they intend to harm you or your family, using deadly force (like shooting them) may be seen as proportional, given the severity of the threat.
The Role of ‘Reasonable Belief’
A significant aspect of CRS 18-1-704 is the term ‘reasonable belief.’ This means that the person’s belief that force is necessary should align with what an average person in the same situation would believe. It’s not about what the person actually believed but what a reasonable person would believe under similar circumstances.
Implications and Controversies
Like many legal statutes, CRS 18-1-704 isn’t without controversy. Some argue it provides too much leeway, potentially allowing individuals to use excessive force without adequate repercussions. Others believe it’s an essential protection, ensuring people can defend themselves without fear of legal consequences.
Conclusion
Colorado Revised Statute 18-1-704 serves as an essential guideline for those who find themselves in situations where self-defense is necessary. The principle of proportionality it emphasizes is crucial in ensuring that responses to threats are not excessive or unreasonable. As with all laws, understanding and adhering to its stipulations are key, not only for legal compliance but for the safety of all parties involved.
Disclaimer: This article is meant to provide a general overview and should not rbe considered legal advice. For specific situations or legal questions, please consult with a licensed attorney.
