Self-Defense Legislation

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Self-defense is the right for an individual to use necessary force in order to defend oneself against an unlawful force of another. Therefore, an act that is typically depicted as a crime is not punishable under these circumstances. Joycelyn M. Pollock (2013) pointed out that, “the right to protect oneself, one’s family, and one’s “castle” is a time-honored right that existed before the common law and was recognized by it” (P.101). Under common law, a criminal charge depended upon a showing that the defendant believed force was necessary in order for self protection, upon reasonable grounds, the threat was forthcoming, and the force was not excessively used (Pollock, 2013, 102). Today, self-defense elements are different in each state. Nevertheless, the basic elements of self-defense is the fear of physical harm, reasonableness of fear, imminent danger, the amount of force used, “clean hands”, duty to retreat, and defense of property (Pollock, 2013, P.102). The duty to retreat established most U.S. self-defense laws. Some courts have stated that the possibility of retreat is major factor in the verdict of a case. Therefore, the duty to retreat determines whether a defendant used necessary or excess force. On the other hand, Justice John M. Harlan stated in an early case that “he was not obligated to retreat, nor to consider whether he could safely retreat, but was entitled to stand his ground and meet attack upon him with a deadly weapon” (Pollock, 2013, 105). Therefore, various courts and legislators have decided that the duty to retreat is not necessary and have passed various self-defense laws that contradict this element. The Castle Doctrine is an exception to the notion of retreating before exhibiting lethal force. Even, t... ... middle of paper ... ...(101-107th ed.). Waltham, MA: Anderson. Preemptive self-defense. (2012). Christian Century, 129(8), 7. Stand your ground law, Trayvon Martin and a shocking legacy Defendant George Zimmerman and victim Trayvon Martin | Tampa Bay Times. (n.d.). Retrieved from http://www.tampabay.com/stand-your-ground-law/cases/case_139 WASHINGTON: Fact-check: Do 'stand your ground' laws increase violence? | Washington | McClatchy DC. (n.d.). Retrieved from http://www.mcclatchydc.com/2013/07/17/196940/no-firm-ground-on-whether- stand.html Weaver, Z. L. (2008). Florida's “Stand Your Ground” Law: The Actual Effects and the Need for Clarification. University Of Miami Law Review, 63(1), 395-430. The Daily Tar Heel: Viewpoints: Guns for self-defense increase safety. (n.d.). Retrieved from http://www.dailytarheel.com/index.php/article/2011/03/guns_for_selfdefense_incr ese_safety

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