When is Self Defense Not Self Defense?
When in the court of law, many people who have been accused of assault or manslaughter will often say that they were acting in self defense. Of course, this is understandable if the person who was killed was about to kill them or rape them, then the accused may well claim self defense. But when is self defense not self defense, and when is the line crossed?
In general, the law will allow for the “use of necessary and proportionate, non-deadly force in self-defense anytime the victim reasonably believes that unlawful force is about to be used on him,” in the case of a non-lethal force (such as assault); and it will also allow for the use of deadly force any time a faultless victim reasonably believes that unlawful force will cause death or grievous bodily harm is to be used on him,” as in the case of a lethal force (including manslaughter).
The wording on such laws can be tricky, and it can all depend on how the trial will proceed and how the defendant is able to prove that he or she reasonably believed that he or she was under threat. This can be difficult to prove, and it may require a psychiatrist or an eyewitness, the latter of which can be difficult to procure. Moreover, the use unlawful force is debatable: there are idiosyncrasies of laws that can permit certain actions to be understood as lawful even if they seem logically frightening. How faultless the victim is can be a point of contention. In many cases, prosecutors will do what they can to make a victim appear to be at fault.
Another point of contention might be the extent to which the victim acted in purported self-defense. Was it necessary and proportionate to the coming threat, if any? This necessity and proportionality can often be a matter of opinion. For instance, would mauling a would-be rapist be a proportional punishment? Would murdering a man because of a sexual slur be “overdoing” it? Moreover, what “punishment,” if any, should the defendant be given? Should there be rehabilitation involved, psychiatric help, or time served in prison?
As with many other aspects of the law, self-defense is tricky and can be redefined depending on the prosecutors, defendants, and how the case proceeds. If you are interested in finding out more about this aspect of the law, then you may need to do more research, talk to a criminal lawyer, and ask about how self-defense cases are resolved.
image credits to meredithfarmer
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If you have the option to leave the area or run away from a threat, you must do so. If you perceive that you have no other option than to stand and fight, then do so with all the fury you can muster. If your defensive response is perceived as weak, your attacker may simply intensify the assault! When non-lethal force will stop the threat, you must not cross the line without expecting a legal storm to ensue. You can not make a willful decision to act in a manner that you know may place you in a life threatening situation and then expect to easily defend your use of lethal force.
If an attacker has a weapon in their hands, which you believe has the potential to inflict serious bodily injury or death upon you or someone near you, you can reasonably assume they intend to do you serious bodily harm or worse. Lethal force may be warranted and would be a defensible action. It’s always better to be judged by twelve than to be carried by six. Remember that the use of lethal force is never to be taken lightly. The taking of another person’s life may be justifiable from a legal system’s perspective, but you have to live with your decision.
The most common non-lethal forms of self defense weapons are legal in the majority of jurisdictions throughout the United States. Once again, you must be able to prove that you were being attacked or about to be attacked. The use of pepper spray, stun guns, taser devices, batons, or any device that inflicts pain upon another human being must be justified or you may find yourself on the front end of a lawsuit. Pepper spraying someone for calling you names could empty your bank account. To learn more about non-lethal self defense options, go to http://www.boomerlifesolutions.com or go direct to their online store at http://shop.boomerlifesolutions.com for great products and prices.
Be Safe, Be Secure, Defend Your Freedoms and Your Liberty