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Self defense is justified. By Hayden Smith. Introduction. What is the law on self defense?
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Self defense is justified By Hayden Smith
Introduction What is the law on self defense? • “a person may only use physical force upon another person when and to the extent he or she reasonably believes such to be necessary to defend himself, herself or a third person from what he or she reasonably believes to be the use or imminent use of unlawful physical force by such other person”
Problems with this law. • What is a reasonable person? • What justifies lethal force? • Wouldn’t it take more force to fend off an attacker than the attacker is imposing?
Mental State of the Victim • The mental state of the victim in a self-defense situation is fight or flight • Shouldn’t be worried about repercussions of their actions
Use of lethal force • Only to be used when a person reasonably believes their life is in danger • Once again, what defines reasonable in this situation? • Most common weapon of home defense is a firearm.
Military self defense • Rules of engagement “unit commanders may limit individual self-defense by members of their unit” • This should not be a right given up when joining the military • Unconstitutional • Dangerous
Conclusion • Law on self defense is oppressive • Can, under some circumstances, take away unalienable rights