Do think it's right or wrong that U.K. law barely allows us to defend ourselves and our families?

Question

a court could rule that you used excessive force and you could be prosecuted,what would you do if faced with a burglar(possibly armed), or mugger,how do american laws compare with ours

Answer 1

TOTALLY/

Answer 2

You are allowed to defend yourself and your family. You just aren't allowed to use excessive force. And surely that's right.

I know that we would all seek to mete out summary justice to some little scrote who threatened our home or family, but there has to be a limit. Despite what we would like to do, we can't seriously want the death penalty for burglars - which a free for all would amount to, without benefit of a trial.

If someone kills or seriously harms someone else, whatever the circumstances, surely it's right that they should be asked to account before the law for their actions. Despite what the papers tell you, such prosecutions against householders are very rare and only succeed in extreme circumstances - generally when villains are shot in the back or someone pursues a criminal and gives him an over-zealous hiding - cases where there was no longer any threat, but where pure retribution was delivered. And retribution is for the courts, not the individual.

I agree that sentences sometimes seem laughable for some people, but that's a completely different argument.

And you Americans proud of your right to bear arms - how many householders in your country are killed by armed burglars each year? In the UK it's almost unheard of, because burglars don't go out armed. I hope you feel that the deaths of so many innocents vindicates your 'human right' to shoot first and ask questions later.

Answer 3

Barely allows us to defend our selves? The law allows us to use reasonable force if we HAVE REASON TO BELIEVE we are about to be attacked. Basically you dont have to wait for the person to throw a punch or what ever, if you think that you are in danger you can defend yourself, property, or somebody else. The situation will be judged as you had reason to see it. So say that you saw the silhouette of a burglar in your house and in his hand it looks like hes got a gun. Nearest thing to you is an iron, so you hide behind a door, he walks past and you clobber him over the head with the iron. You had reason to believe he was armed and therefore used reasonable force. Reasonable force is proportionate to the siutation. Its been judged that you can use up to 25% more force than the aggressor before it becomes excessive (how the hell they plan to calculate that i dont know) so i guess that means if somebody pulls a knife on you, you can pull a bigger knife on them!

So yes a court COULD rule that you used excessive force but thats just to stop people over reacting. In R v Martin A man was paranoid about being robbed and sat at the top of his stairs with a shot gun. Low and behold he was getting robbed, the robbers saw him with his shot gun and ran. He shot them dead (2 dead 1 injured i think) in the back. This was deemed to be excessive force because they were fleaing. He'd already defended himself and his property in scaring them off, then he shot them which was unnecesary.

I'd be more concerned about the fact that if a burglar injures himself on your property, even in the course of robbing you, he can claim compensation.

Answer 4

In UK law you can defend yourself, albeit using reasonable force. There is an unrefutable way of dealing with muggers and burglars but unless you know the law well you would not know how to do this and be acquitted.

Answer 5

u are allowed to defend yourself but not with weapon in hand as they would turn round and say u intended to hurt the suspect lol reasonable force is a simple knock down get the dumb a s s wife to call the polce if she hasnt by this point n wait with the suspect til the police arrive but then again uk police are sooo slow to attend u mite just have to put the kettle on n maybe wait an hour or 2 lmao

Answer 6

in a situation to claim self defence the law says `1 you must be in fear of your life 2. you cannot use excessive/more force that being used on you and 3. if there is an opertunity to escape you must at least try to take it if you comply with all three you have a solid claim for self defence that almost certainly will be accepted

Answer 7

In nearly all American states, if one REASONABLY BELIEVES that he is in imminent danger of severe bodily harm OR death, he can use whatever force necessary to defend himself, including lethal force. The victim need not retreat, even if possible to do so.

The UK's gun control laws are great for criminals, and the crime rate there has skyrocketed. Why? Because now only criminals get guns while innocent law abiding people become sitting ducks in their home or business.

Answer 8

UK law is crap if a person came in my house tried to injure me or thearten my life than lethal use of force should be allowed. UK law makes it easier for criminals to commit crimes. UK Labor party lefty-wingers needs to grow a spine and allow its people to become armed because banning guns makes it so only criminals have weapons. Most of Northern Europe and Russia allow you to own firearms for protection. Excessive force should be allowed if ones life in danger or anothers life in danger example, friend, neighbour, wife, child. The right to defends oneself against harm is a human right. UK used to allow firearms I know know how the left-wing wackos allow people to becomes defenseless against thugs.

Answer 9

If the current style of UK government remains in power, it won't be long before we see the "Criminal Rights Act" along with offences such as "obstructing the criminal in the course of their duty". It would appear criminals are allowed to do what they want, and decent law abiding people cannot do anything about it. Its even worse when there are young criminals involved.

The above might sound stupid, but thats what it feels like in the UK.

Answer 10

It is right. Proportionality is key. You can defend your family, your house and yourself and not get in trouble as long as you do so using proportionate force. So, if your assailant is violent, you can be violent back, but you cannot go far above the level of vioence he has shown to you.

Excessive force should not be tolerated as you start to get raving loonies acting beyond any reasonable limits of force.

Answer 11

More work for the Lawyers ( Of which New McLabour is full to the gunwhales with)
Turn criminal and get all the things decent folk used to have!