Sunday, October 2, 2016

FEATURE ARTICLES. SELF-DEFENSE, AND STAND-YOUR GROUND LAWS. PT 1.


Crime, Blood, Offence, Misstep, Face

The recent courtroom verdicts in Florida have brought to light an often misunderstood part of the U.S. Criminal Justice System.  This is the concept of Self-Defense, which is basically any physical act a potential victim uses against an attacker to prevent them from harming the individual or another. 

This action is used to justify any injury suffered by the assailant, holding the potential victim blameless.

This is not as straight forward as it seems. (Especially when we consider Stand- Your Ground Laws). 

The problem is that there are principles in law that are not applied uniformly, and may differ depending on the State, Locality or Jurisdiction. 

However, there are a few concepts that seem to be universally applied;
-  Much more discretion is given to the victim if they are attacked in their Home or Place of Business.
-  Generally, the claim of Self- Defense is much more credible if the Attacker is armed, with the assumption that it is more likely to lead to Catastrophic Injury or Death.
-  You can use the amount of force necessary to stop the attack, or to remove the potentiality for physical harm. However, the victim can be held liable if the Danger is eliminated, but continues to use physical force beyond neutralizing the assailants ability to cause physical injury.  

For example:  You are walking down the street, and an individual suddenly approaches you demanding money.  Pulling out a Knife, the would be Robber lunges.  However, you are able to Disarm him, and a strike to the face breaks the Attackers nose.  The Danger is now gone, and the assailant turns and runs in the opposite direction.  Up until now, everything you have done is perfectly legal...
LOOK FOR PART TWO.

Date-  3/18/2014.