When Deadly Force Is Involved
A Look at the Legal Side of Stand Your Ground, Duty to Retreat and Other Questions of Self-Defense
Abstract
Self-defense, as a legal concept, is easy to describe but difficult to apply. Generally, a person who is without fault may use reasonable force or defensive force for the purpose of defending one's own life or the lives of others, including, in certain circumstances, the use of deadly force, provided there is no reasonable alternative to avoid it. When someone begins to parse the words of this description, however, he or she runs immediately into a maze of self-defense laws that appear to be at odds with each other.
Bruce Lawlor clears up the confusion by identifying the major issues that surface in most self-defense cases and by describing how the law has dealt with them historically. Its purpose is not to provide legal advice, but to illuminate the path that must be taken to decide whether a claim of self-defense is valid. It examines a variety of issues, including the duty to retreat and stand-your ground laws, what is a deadly threat, when is fear of mortal danger reasonable, and even what happens when a person mistakenly shoots some in self-defense.
When Deadly Force Is Involved: A Look at the Legal Side of Stand Your Ground, Duty to Retreat and Other Questions of Self-Defense brings a bit of order to the confusion behind self-defense.
Schlagworte
Self-Defense Self-Defense Rights Rights and Laws Lethal Force Force- Kapitel Ausklappen | EinklappenSeiten
- 1–8 Introduction 1–8
- 9–24 1 Necessity 9–24
- 25–40 2 Intent 25–40
- 41–58 3 Provocation 41–58
- 59–76 4 Deadly Threats 59–76
- 77–92 5 Verbal Threats 77–92
- 93–110 6 Imminent Harm 93–110
- 111–126 7 Reasonable Fear 111–126
- 127–142 8 Duty to Retreat 127–142
- 143–158 9 Stand Your Ground 143–158
- 159–174 10 Castle Doctrine 159–174
- 175–190 11 De-escalation 175–190
- 191–206 12 Mistake 191–206
- 207–222 13 Reasonable Force 207–222
- 223–238 14 Threatened 223–238
- 239–256 15 Decisions 239–256
- 257–264 Notes 257–264
- 265–272 Bibliography 265–272
- 273–278 Index 273–278
- 279–279 About the Author 279–279
19 Treffer gefunden
- „... force to kill their attackers. Self-defense is part of what Sig-mund Freud called the “deepest essence ...” „... . Pardons weregranted, or not, as was the king’s want.The evolution of self-defense is an interesting one ...” „... Grotius, believed that an individual’s inalienablerights included a right of self-defense. He wrote: “If a ...”
- „... as trying to confirmthat Jason acted in self-defense. Others described them as trying to dis-prove it ...” „... one more time and de-cided that Jason had acted in self-defense. No criminal charges were filedagainst ...” „... worn. The issues that arise when there isa claim of self-defense are well understood, and the questions ...”
- „... 273INDEXaccident: eliminates self-defense, 31, 38;negligence or involuntarymanslaughter, 32, 33 ...” „... ; unintendedresults and self-defense, 31. See alsointent; involuntary manslaughter;murderous intent ...” „... self-defense, 21; duty to retreat,21; path of retreat, 217; last option, 217;preference for avoiding violence ...”
- „... who misbehave accountable and deniesthem the right of self-defense because it assumes that had the ...” „... responsible for theother person’s death. With forfeiture of the right of self-defense at stake,a key issue in ...” „... every self-defense case is whether the shooter was innocentor whether he or she somehow misbehaved ...”
- „... prosecutorhas failed to prove his case and Michael cannot be convicted of murder.The role of self-defense in ...” „... Michael’s claimof self-defense. He didn’t start the fight, didn’t know his attacker, hadnever met the man ...” „... drivingbehavior in the middle of the night, a jury could have concluded thatMichael acted in self-defense, based ...”
- „... prosecutor for the Commonwealth of Pennsyl-vania charged David with murder and David claimed self-defense ...” „... death. In his mind it extinguishedDavid’s right of self-defense and made him guilty of voluntary ...” „... self-defense recognizes that a person who starts a fightmay, at some point, decide that he or she no longer ...”
- „... shot John in self-defense,responding to John’s deadly threat with deadly force, killing John be-cause ...” „... takes more than just words to triggerthe right of self-defense. He argued that there must be some ...” „... PROVOCATIONIn some states, but not all, words in self-defense cases have consequencesfor both parties. Where ...”
- „... ” standard of self-defense. Nevertheless, it illustrates nicely thedifference between the two approaches. So ...” „... would have been futile or too dangerous. 4On October 1, 2005, Florida’s new self-defense statute went ...” „... where self-defense is an issue because thegovernment can no longer use the duty to retreat to suggest ...”
- „... when Hank shot Mitch, he was trying to avoid being killed, andhe wanted to claim self-defense at Hank ...” „... the judge refused to let the jury decide whetherhe had shot Mitch in self-defense. The judge said that ...” „... self-defense. Moreover, the fact that those shots werefired into an unarmed man at close range suggested that ...”
- „... trial judge refused her attorney’s request to instruct the jury in thelaw of self-defense.1CHAPTER 6104 ...” „... single question: How soon isimminent?There are two important questions in every self-defense case: (1 ...” „... risk of death or serious bodily injury. Normally, itoccurs just before the act of self-defense intended ...”
- „... and says he wants peace,then the threat is no longer deadly, and the right of self-defense is ...” „... self-defense.”4 The Michigan Appeals Court agreed with the trialjudge’s view of the case, reiterating that ...” „... preemptive strikes have no placein the law of self-defense.Notwithstanding repeated judicial decisions to the ...”
- „... think of the Holder shooting?” she asked“Looks like self-defense,” RJ said.DECISIONS 245“Maybe, but ...” „... we talk about Holder?”“We can.”“So what do you think?”“I think it looks like self-defense.”“OK, let’s ...” „... to shoot them both.”“OK, so she gets to keep her self-defense claim,” Catherine said.“It would seem ...”
- „... self-defense to the jury.1IGNORING THE THREATGary’s behavior, returning to the house with a gun to help Sallie ...” „... provocation, misbehavior that disqualified Garyfrom claiming self-defense in connection with Harry’s ...” „... firearm for purposes of self-defense. The U.S. Supreme Courtrecognized self-defense as one reason why ...”
- „... produced a death, made him guilty of murder. 3TRANSFERRED INTENT IN SELF-DEFENSE CASESHow does the doctrine ...” „... critical in determiningwhether a self-defense claim is valid. If the shooter acts with murderousintent ...” „... someone else, then he orshe acted in self-defense. So what happens if the shooter acts with goodintent ...”
- „... the core of every self-defense claim is an act of unlawful force, aferocious attack that creates ...” „... killing in self-defense, the ferociousattack that creates deadly danger, must be just that: unlawful. If ...” „... the forceis lawful, permitted by law, then self-defense is taken off the table, madeunavailable to ...”
- „... particular type of case. Self-defense was one of them.DUTY TO RETREAT 137In early England, indeed in modern ...” „... such cases, gradu-ally, begrudgingly, began to recognize an individual right of self-defense ...” „... claim self-defense. One of the controls they devisedwas that before a person could fight back, he had to ...”
- „... defeated his claim of self-defense.NO REQUIREMENT TO FLEE FROM THREATS IN ONE’SHOMEThere are several ...” „... RIGHTSThe fear that judges have of self-defense being used to mask murder hasled them into deep legal swamps ...” „... its self-defense law. Title XLVI,CHAPTER 10172Section 776.013 (3) of Florida statutes now makes it ...”
- „... , thedefendant’s claim of self-defense.Mr. Lawlor is a certified firearms instructor, who teaches self ...” „... , and his criminal de-fense work includes a murder trial, in which he argued successfully ...”
- „... YourGround, Duty to Retreat, and OtherQuestions of Self-DefenseBruce M. LawlorROWMAN & LITTLEFIELDLanham ...” „... self-defense / Bruce M. Lawlor.Description: Lanham : Rowman & Littlefield, 2017. | Includes bibliographical ...”