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
- i–vi Preface i–vi
- 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