Understanding Self-Defense Statutes
Nov 30, 2023 8:24:41 GMT -5
Post by Radrook Admin on Nov 30, 2023 8:24:41 GMT -5
Understanding Self-Defense Statutes
Unfortunately, and very evidently judging by the flippant way that people express themselves and behave when they feel threatened, they seem to have absolutely no idea what the word excessive means in relation to self defense. Instead, they seem to consider that absolutely anything and everything is justifiable in response to any threat regardless of the threat's severity.
Well, fortunately, and regardless of their ignorance or stubbornness, there are laws that are intended to regulate just how far we can go in attempting to defend ourselves from a physical threat.
Why? Simple! Such laws have been established in order to prevent an excessive use of force by the person who feels threatened. What is excessive? Excessive is to go beyond what is necessary in our effort to defend ourselves.
Now there are two aspects to this matter-intensity and duration.
Why? Simple! Such laws have been established in order to prevent an excessive use of force by the person who feels threatened. What is excessive? Excessive is to go beyond what is necessary in our effort to defend ourselves.
Now there are two aspects to this matter-intensity and duration.
Intensity and duration
These two are based on the principle of proportionality. Are we responding in proportion to the threat or out of proportion to it? In short, if our response to a threat is all out of proportion to the danger being posed, then it will be deemed unjustifiable and the person can be charged with either murder or manslaughter.
Let's consider these two aspects of self defense.
Let's consider these two aspects of self defense.
Intensity
Intensity refers to the degree of force that we used in response the perceived threat. Did we chop off someone's head because he took a few steps towards us? Or did we lop off one of his legs with a chainsaw? Did we spear finger a woman's eye because she lightly tossed bottle our way?
Duration
Duration refers to how long we continue to apply force after the threatening person ceases being a threat. For example, if the person has been rendered unconscious, then pumping bullets into his inert body or stomping his or her head against the pavement is deemed totally unnecessary since the person no longer poses a threat.
However, the stressful situation is taken into consideration before passing judgment and the sentence can be reduced as a consequence as the excerpt below points out.
Excerpt:
Some states, however, recognize a doctrine known as “imperfect self-defense.” In those jurisdictions, the use of disproportionate defensive force still results in the loss of the traditional self-defense—that is, an acquittal cannot be expected.
If that use of disproportionate force was genuinely (but unreasonably) believed to be necessary, and you would have been convicted of murder, the verdict is reduced to “mere” manslaughter. In most states that means that instead of facing a sentence of life imprisonment you’ll be looking at 20 years. Great deal, eh?
www.athlonoutdoors.com/article/proportional-response-understanding-self-defense-statutes/
If that use of disproportionate force was genuinely (but unreasonably) believed to be necessary, and you would have been convicted of murder, the verdict is reduced to “mere” manslaughter. In most states that means that instead of facing a sentence of life imprisonment you’ll be looking at 20 years. Great deal, eh?
www.athlonoutdoors.com/article/proportional-response-understanding-self-defense-statutes/