Self Defense

                                       "SELF DEFENSE"

                                        

                                          

What is Self Defense?

Self-defense is a countermeasure that involves defending the health and well-being of oneself from harm.It is a universally accepted principle that a person may protect themselves from harm under appropriate circumstances, even when that behavior would normally constitute a crime. In the United States legal system, each state allows a defendant to claim self-defense when accused of a violent crime, as does the federal government. The specific rules pertaining to self-defense vary from jurisdiction to jurisdiction, however. This article offers explanations of the broad concepts that make up self-defense law in the US, but you should check the laws of your particular jurisdiction to understand the specific requirements for a claim of self-defense.

Overview of Self Defense

Self-defense is defined as the right to prevent suffering force or violence through the use of a sufficient level of counteracting force or violence. This definition is simple enough on its face, but it raises many questions when applied to actual situations. For instance, what is a sufficient level of force or violence when defending oneself? What goes beyond that level? What if the intended victim provoked the attack? Do victims have to retreat from the violence if possible? What happens when victims reasonably perceive a threat even if the threat doesn’t actually exist? What about when the victim’s apprehension is subjectively genuine, but objectively unreasonable?

As you can see, self-defense is more complicated than it first appears. In order to handle the myriad situations where self-defense arises, states have developed rules to determine when self-defense is allowed and how much force a victim can use to protect themselves. As mentioned, the exact rules differ between states, but the considerations are largely the same.

 

Proportional Response

The use of self-defense must also match the level of the threat in question. In other words, a person can only employ as much force as required to remove the threat. If the threat involves deadly force, the person defending themselves can use deadly force to counteract the threat. If, however, the threat involves only minor force and the person claiming self-defense uses force that could cause grievous bodily harm or death, the claim of self-defense will fail.

Duty to Retreat

The original laws regarding self-defense required people claiming self-defense to first make an attempt to avoid the violence before using force. This is also known as a “duty to retreat.” While most states have removed this rule for instances involving the use of nonlethal force, many states still require that a person make an attempt to escape the situation before applying lethal force.