Notes on self defense

We should be clear about justifications of deadly force

Imminent danger of death or serious bodily harm

Use deadly force triangle
Capability
Opportunity
Intent

Understand that trying to get away from the situation or defuse the situation is the best form of self defense

Self defense is stopping the threat.

There is a line between self defense and retribution
If you have taken away a person's ability to harm you or their desire to harm you, you have successfully defended yourself.
If you continue to harm them after that fact, that is retribution

There should be no immunity for killing someone
All cases should be prosecuted to the full extent of the law.

overview of self defense

As a general rule, self-defense only justifies the use of force when it is used in response to an immediate threat.  The threat can be verbal, as long as it puts the intended victim in an immediate fear of physical harm.  Offensive words without an accompanying threat of immediate physical harm, however, do not justify the use of force in self-defense.

Moreover, the use of force in self-defense generally loses justification once the threat has ended.  For example, if an aggressor assaults a victim but then ends the assault and indicates that there is no longer any threat of violence, then the threat of danger has ended.  Any use of force by the victim against the assailant at that point would be considered retaliatory and not self-defense.

self-defense
n. the use of reasonable force to protect oneself or members of the family from bodily harm from the attack of an aggressor, if the defender has reason to believe he/she/they is/are in danger. Self-defense is a common defense by a person accused of assault, battery or homicide. The force used in self-defense may be sufficient for protection from apparent harm (not just an empty verbal threat) or to halt any danger from attack, but cannot be an excuse to continue the attack or use excessive force. Examples: an unarmed man punches Allen Alibi, who hits the attacker with a baseball bat. That is legitimate self-defense, but Alibi cannot chase after the attacker and shoot him or beat him senseless. If the attacker has a gun or a butcher knife and is verbally threatening, Alibi is probably warranted in shooting him. Basically, appropriate self-defense is judged on all the circumstances. Reasonable force can also be used to protect property from theft or destruction. Self-defense cannot include killing or great bodily harm to defend property, unless personal danger is also involved, as is the case in most burglaries, muggings or vandalism.

- See more at: http://criminal.findlaw.com/criminal-law-basics/self-defense-overview.html#sthash.SqNuIZvH.dpuf

Original 9/11/14
mar 28 2012