{"id":14841,"date":"2018-02-27T05:01:53","date_gmt":"2018-02-27T05:01:53","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=14841"},"modified":"2018-02-27T05:21:07","modified_gmt":"2018-02-27T05:21:07","slug":"rules-of-self-defense-justifiable-or-unjustifiable","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=14841","title":{"rendered":"Rules of Self-Defense – justifiable or unjustifiable?"},"content":{"rendered":"

\u00a0\u00a0\u00a0\u00a0 This page is continued from Criminal Law Self-Help<\/a> >>>> Various Crimes and Corresponding Laws<\/a> >>>> Various Forms of Homicide<\/a> >>>> Forms of Noncriminal Homicide<\/a> >>>> Excusable Homicide<\/a> >>>> Justifiable Homicide<\/a>:<\/span>
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self-<\/span><\/strong><\/span>defense<\/span>:<\/span><\/strong>
\nn<\/em>. (1651)<\/span><\/p>\n

1. The use of force to protect oneself, one\u2019s family. or one’s property from a real or threatened attack.\u00a0 *\u00a0 Generally, a person is justified in using a reasonable amount of force in self-defense if he or she reason<\/span><\/strong>ably believes that the danger of bodily harm is imminent and that force is necessary to avoid this danger.<\/strong> \u2014 aka defense of self<\/span><\/strong><\/em>.\u00a0 Cf. adequate provocation under PROVOCATION. [1]
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1. A right founded upon the law of nature but deemed necessary even in organized society to personal safety and security and as not incompatible with the public good.\u00a0 26 Am J1st Homi \u00a7 126<\/span>.\u00a0 <\/strong><\/span><\/p>\n

The use of force by a person against another to protect himself from bodily harm or an offensive contact, which he believes will result from conduct apparently intended to cause injury or offensive contact, or which is such as to put him in apprehension thereof.\u00a0 6 Am J2d Asslt & B \u00a7 158<\/span>.\u00a0 <\/strong><\/span><\/p>\n

That which the law deems justified as the defense of one’s person by such force and in such manner as is reasonably necessary when put under the necessity or apparent necessity of defending oneself without any fault on one’s part, in order to protect against the peril of death or serious bodily injury at the hands of another.\u00a0 26 Am J1st Homi \u00a7 125<\/span>.<\/strong> [2]<\/span><\/p>\n

1. The use of force to protect oneself from death or imminent bodily harm at the hands of an aggressor.\u00a0 A person may use only that amount of force reasonably necessary to protect himself against the peril with which he is threatened; thus, deadly force may be used in self-defense only against an aggressor who himself uses deadly force.<\/span><\/strong>
\n\u00a0\u00a0\u00a0\u00a0 See reasonable force<\/em>. [3]<\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0 Excerpt from Andrew <\/span>Ashworth’s Principles of Criminal Law<\/em><\/a> (1991):<\/strong><\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0 \u201cThe law of self-defence, as it is applied by the courts,<\/span><\/strong>\u00a0turns on two requirements: the force must have been necessary, and it must have been reasonable.<\/span>\u201d<\/strong> [4]<\/span><\/span><\/p>\n

Various Types of Self-Defense:<\/span><\/strong><\/span><\/p>\n

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imperfect self-defense<\/span> –<\/strong> (1882) Criminal law<\/em>. A good-faith but ultimately mistaken belief, acted on by a criminal defendant, that self-defense is necessary to repel an attack.\u00a0 *\u00a0 In some jurisdictions, such a self defender will be charged with a lesser offense than the one committed.<\/strong><\/span><\/p>\n

perfect self-defense<\/span> –<\/strong> (1883) The use of force by one who accurately appraises the necessity and the amount of force to repel an attack.<\/strong><\/span><\/p>\n

preemptive self-defense<\/span> –<\/strong> (1969) An act of aggression by one person or country to prevent another person or country from pursuing a particular course of action that is not yet directly threatening but that, if permitted to continue, could result at some future point in an act of aggression against the preemptive actor.\u00a0 *\u00a0 In domestic-relations law, the phrase refers to the use of force to prevent another person from taking possibly lethal action against oneself.\u00a0 It is disfavored in the law.<\/strong> \u2014 aka anticipatory self-defense (ASD)<\/span><\/strong><\/em>; preventive self-defense<\/strong><\/em><\/span>.<\/span><\/p>\n

Rules of Self-Defense<\/span>
\n<\/a>justifiable or unjustifiable?<\/em>
\n<\/strong><\/span><\/p>\n

retreat rule<\/span><\/a> – unless at home or at work, a victim of assault generally has a duty to retreat instead of using deadly force, so long as there is a safe avenue of escape. <\/span><\/strong>\u2014 aka rule of retreat<\/em><\/strong><\/span>; duty to retreat<\/em><\/strong><\/span>; retreat to the wall<\/em><\/strong><\/span>.<\/span><\/span><\/p>\n<\/div>\n

References:<\/span><\/span><\/strong><\/p>\n

Disclaimer:<\/span><\/span><\/strong> All material throughout this website is compiled in accordance with Fair Use<\/a>.<\/span><\/strong><\/p>\n

[1]:\u00a0<\/span><\/span><\/span><\/strong>Black\u2019s Law Dictionary\u00a0<\/span><\/span><\/span><\/strong>Deluxe Tenth Edition<\/i><\/span><\/span><\/span><\/strong><\/i><\/a>\u00a0<\/span><\/span><\/span><\/strong><\/span>by Henry Campbell Black & Editor in Chief Bryan A. Garner. ISBN: 978-0-314-62130-6<\/span><\/span><\/span><\/strong>\u00a0<\/span><\/span><\/span><\/p>\n

[2]: Ballantine\u2019s Law Dictionary\u00a0<\/a><\/b><\/span><\/strong>with Pronunciations
\n<\/b><\/span><\/a><\/em>Third Edition<\/b><\/span><\/a><\/strong>\u00a0<\/span><\/strong>by James A. Ballantine\u00a0<\/b><\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/b><\/span><\/em>Edited by William S. Anderson.\u00a0\u00a0\u00a9 1969 by THE LAWYER\u2019S CO-OPERATIVE PUBLISHING COMPANY.\u00a0 Library of Congress Catalog Card No. 68-30931<\/b><\/span><\/strong><\/p>\n

[3]:\u00a0\u00a0Ballantine\u2019s Law Dictionary <\/a><\/b><\/span><\/strong>Legal Assistant Edition<\/b><\/span><\/a><\/em>
\nby Jack Ballantine\u00a0<\/b><\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/b><\/span><\/em>Doctored<\/b><\/span><\/a><\/strong>\u00a0<\/span><\/em>by\u00a0Jack G. Handler,\u00a0J.D.<\/a>\u00a0\u00a9 1994 Delmar by Thomson Learning.\u00a0 ISBN 0-8273-4874-6.<\/b><\/span><\/strong><\/p>\n

[4]: Andrew <\/span>Ashworth, Principles of Criminal Law<\/em><\/a> 114 (1991).<\/span><\/strong><\/p>\n

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