Preview

laws of self defence

Satisfactory Essays
Open Document
Open Document
753 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
laws of self defence
The strong debate on what you would call reasonable force to defend yourself with when you are being attacked and whether the law should be changed. Should you be allowed to kill someone if they are trying to kill you? Or should you do nothing and let the attacker get away? If we don’t set a proper law, reasonable force could be anything up to murder like in 1999, the Norfolk famer, Tony Martin shot dead an intruder in his home. He was jailed for murder.

The uk law on self defence is that anyone can use ‘ reasonable ‘ force to protect themselves or others, or to carry out an arrest or to prevent crime. That’s why they should be changed because its very hard to judge what is reasonable and what is not.

Judging what counts as reasonable force is very tricky because each case is different, some more unreasonable than others as when Jerome Ersland, the pharmacist, who shot a 16 year old boy six times because he attempted an armed robbery on the pharmacy. This case goes beyond the supposed reasonable force because after he shot the boy the first time he was no longer a big threat and could of possibly revived.

When defending yourself, you would think shooting at someone would be classed as unreasonable force however there was this case where Andy and Tracey Ferrie were in bed when two burglars entered their home. Mr. Ferrie fired his (legally-held) shotgun at the men. The couple were arrested but then released without charge. The judge at the intruders’ trial believes “if you burgle a house in the country where the householder owns a legally held shotgun, that is the chance you take”.

When someone steps onto your property freely. They are completely under your control giving you the ability to do what ever to them within human rights and reason. How ever it’s a fundamental question of how far a person has to go to restrain the intruder/attacker because depending how much of a threat they are.

Even if they haven’t physically damaged you but

You May Also Find These Documents Helpful

  • Good Essays

    NRA Arguments

    • 336 Words
    • 2 Pages

    - Court approval of common law rule that a person 'may repel force by force' in selfdefense and concluded that when attacked a person 's as entitled to stand his ground and meet any attack made upon him with a deadly weapon, in such a way and with such force' as needed to prevent 'great bodily injury or death's'.…

    • 336 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    Based on Lexipol Policy 300 – Use of Force; Officer Cavanaugh used reasonable force for the circumstances. The fact that the suspect’s admission of being armed and his battering of Officer Cavanaugh, led Officer Cavanaugh to believe Suspect Holguin may be attempting to retrieve the knife he admitted to possessing. Officer Cavanaugh taking the Suspect Holguin to the ground is within department policy.…

    • 470 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    A person's right to self defense begins at the moment the person reasonably believes that he or she is facing deadly force and reasonably…

    • 218 Words
    • 1 Page
    Satisfactory Essays
  • Satisfactory Essays

    (A) No person, while under the influence of sudden passion or in a sudden fit of rage, either of which is brought on by serious provocation occasioned by the victim that is reasonably sufficient to incite the person into using deadly force, shall knowingly cause the death of another.…

    • 287 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    CJS 220: Legal Defense

    • 371 Words
    • 2 Pages

    If reasonable force us used against an individual and there is a threat of imminent bodily harm or death, and the individual defends themselves, that person may be acquitted of first-degree murder. To argue perfect self-defense, and…

    • 371 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Self-defense: To assert this doctrine, the use of self-defense must be both necessary to avoid an imminent deadly attack and the force used must be both necessary and reasonable to avoid that deadly attack. No force can be used merely in retaliation or for revenge.…

    • 1409 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Section 34 Pdf

    • 468 Words
    • 2 Pages

    Due to the reasons stated above, it is likely you will be let go in court if you defend yourself using section 34, 35, 36 and 37 of the criminal code. You did not use unreasonable force by only shooting him in the leg, you did not intend to kill him, and you stayed within your rights. All of these factors ensure that you have a feasible chance of being let…

    • 468 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    Section 43 Case Study

    • 1356 Words
    • 6 Pages

    The court clarified that,“by way of correction” does not pardon behaviours which are invoked by anger or frustration, must be reasoned in nature, and must intent to “restrain, control, or express symbolic disapproval” of the child’s behaviour. The court also ruled that the child must have the capacity to benefit or learn from the correction, creating further restrictions in that a child receiving such force from a parent must be over the age of two, or are incapable of understanding the gravity of the situation due to an intellectual or physical disability. Furthermore, the court also took the step to clarify the term, “reasonable under the circumstances” to mean that the force applied may not be used to harm or degrade the child, nor does the gravity of the misbehaviour of the child constitute justification for more intensive force to be applied by the parent. The reasonableness aspect of the interpretation applied by the Supreme Court also held that the force may not be applied using objects used to inflict injury or cause harm such as rulers or belts, and that any force applied to the head is unjustifiable. In applying the ratio created through the newly created interpretations of the law, the Supreme Court dismissed the…

    • 1356 Words
    • 6 Pages
    Powerful Essays
  • Good Essays

    force is considered a seizure making it subject to the reasonableness of the Fourth Amendment,…

    • 597 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Intentional Torts

    • 704 Words
    • 3 Pages

    According to KRS § 503.070, the only time to use physical force upon another person where it is justifiable is when causing serious injury or provokes the use of physical force to the other person.…

    • 704 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Michael Brown was an 18 year old African American teenager, who was fatally shot by Darren Wilson a white ferguson police officer. Darren wasn’t charged because of the Stand Your Ground law. A Stand Your Ground law is a law that authorizes a person to protect and defend one’s life and limb against threat or perceived threat. This law states that an individual has no duty to retreat from any place he or she has a lawful right to be and may use any level of force, including lethal, if he or she reasonably believes he or she faces an imminent and immediate threat of serious bodily harm or death. Although some people may believe that the stand your ground law is just and fair,Many people could take advantage of the law by causing unnecessary harm to people, There for the Stand Your Ground law should be abolished.…

    • 1726 Words
    • 7 Pages
    Good Essays
  • Good Essays

    Stand Your Ground Law

    • 893 Words
    • 4 Pages

    State legislative bodies have been pushing to expand self-defense laws in the U.S. In recent years this law has only applied to citizens who were defending themselves against threats. Now, Legislators have been discussing the ‘Stand Your Ground’ law and it has now been put into the law books in almost half of the states, and have even been discussed in European nations.…

    • 893 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Stand Your Ground Law

    • 1681 Words
    • 7 Pages

    In Nevada the justification of self-defense can only be used if you are not the original aggressor. As well as the other states, it says that the Stand Your Ground law can be used if you are at a place where you have the right to be in, you are not breaking the law and you have reason to believe your life is in danger. The Castle Doctrine in Nevada includes other several requirements such as the force used must be immediately necessary, must be in good faith, and must be a reasonable response to the aggressor's actions. (Gun Laws 101) Also the Castle doctrine specifies that the use of deadly force must be while protecting oneself from immediate threat of; rape, kidnapping, serious injury, or death. Nevada allows the doctrine to be extended to ones place of work. As well as allows no duty to retreat inside one’s home or place of…

    • 1681 Words
    • 7 Pages
    Powerful Essays
  • Better Essays

    Self-Defense Law

    • 1073 Words
    • 5 Pages

    Self-defense laws, also known as “stand your ground laws”, have been a significant aspect of many court cases. However, like most other laws, these laws can be used improperly and cause excess controversy around a case. Joe Palazzolo and Rob Barry’s article titled “More Killings Called Self-Defense” from the March 31st edition of Wall Street Journal brings attention to these self-defense laws. The case discussed in the article is an example of self-defense laws causing controversy, as many protestors believe these laws were used improperly. This is also a common issue as the number of justifiable homicides seems to be on the rise. Are these “stand your ground laws” truly being abused? This is the main issue causing the debate surrounding cases around the country.…

    • 1073 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Research Memo

    • 1158 Words
    • 5 Pages

    The relevant behavior for the offense of assault by means of a dangerous weapon is an outward demonstration of force, and requires only apparent ability to injure, which, of necessity encompasses the particular use that the defendant made of the object. M.G.L.A. c. 265, § 15B(b).…

    • 1158 Words
    • 5 Pages
    Good Essays

Related Topics