English Deutsch Français Italiano Español Português 繁體中文 Bahasa Indonesia Tiếng Việt ภาษาไทย
All categories

2006-10-31 06:01:08 · 19 answers · asked by motorsuv 1 in Politics & Government Law Enforcement & Police

19 answers

Like Fred Bear (although he looks like Windy Miller) said, you are allowed to use reasonable force to defend yourself, your family or your property. What's reasonable? That's for a jury to decide.

If you give a hammering to a burglar you find in your small daughter's bedroom after dark, you'll get off.

If you shoot someone in the back as they run away, that's not reasonable.

2006-10-31 06:06:44 · answer #1 · answered by Anonymous · 2 1

the only thing that I can add to turkeys answer which by the way is the business is;

The criminal law act is to do with the prevention of crime and using reasonable force when detaining a person. This will be tested by a magistrate and or a jury. Which could state that in the circumstances that the force was unreasonable.

Regarding Common Law. Its more about the fact that you perceived at the time, that there was an imminent threat of unlawful violence. The jury or magistrate can not rule against you, as that is how you felt at the time.

Also common law states that you do not have to wait for the other person to strike the first blow, ie you can hit the the other person first, if you believe that there is an imminent treat of unlawful violence. The violence can be towards you or another. Know as a pre-emptive strike.

2006-10-31 06:56:34 · answer #2 · answered by GRILL 2 · 0 0

Ive been a martial artist for 15 years. Self defence is one of the most questionable things that we have to think about.

and for the answer above, .... How can you define reasonable force...
I myself feel that people who use self defence in whatever form either martial arts to being untrained and just doing your dammdest to defend yourself.

Today in this day and age i would reccomend anyone to at least take up som for of self defence, and this alone can be used because A you are trained to defend yourself in a reasonable mannor, and B it gives you confidence to do this therefor you are more relaxed and in control of your reactions rather than lashing out and seriously injuring someone.

If someone prevolks you and it is clear that they are going to hurt you we are always told the best way to get out of a situation is to try and walk away , ( but never turn your back ! )

The laws differ for different situations, In my experience i can honestly say although i have trained for the past 15 years i have never actually had to use it, and to look at i wouldnt scare any1, im a thin kid with glasses lol but have always managed to talk my way out,
If push comes to shove, and you have to defend yourself do it in as little agression as possible,
These days you could be preventing some1 from hurting you and at the last minute you injure them, at the end of the day if you have witnesses comfirming this then technically you should be ok as long as the injury sustained to the other person isnt serious, if there are no witnesses then it comes down to your word against theres,

that is why i reccomend taking up a form of self defence, because that way you learn to control the situation, in which neither person will get hurt obviously if knives are involved then do anything in your power to prevent them from hurting you, police can always pick up prints from the weapons and these will obviously help you if it ever came to court.

2006-10-31 06:02:45 · answer #3 · answered by david l 2 · 1 2

Self defence laws are only there for the benefit of criminals.

2006-11-02 03:05:40 · answer #4 · answered by ? 6 · 0 0

In most states, you can defend yourself or others with deadly force to protect you and/or them from IMMINENT danger.
This means that the suspect has to have the means (weapon and/or skill to cause injury) and intent (demeanor or verbal indication of intent).
BUT REMEMBER, even if you are justified, you can still be tried in a criminal court AND a civil court. The legal fees will probably be enormous.
Property usually cannot be defended with deadly force. However, if you are defending your property AND then imminent danger comes into play -- that is a different story -- except for the legal fees. In this case, they will be much HIGHER.
The exception to property is this---if someone breaks into your house----all bets are off. You can assume, if someone is breaking into your house, that you are in imminent danger and can respond with deadly force. (unless it is the police)

2006-10-31 06:42:27 · answer #5 · answered by tnmack 3 · 0 0

Not relevant to what you have asked but : I live in the UAE and an article in the paper once said that a taxi driver had sworn at a female passenger, the lady in question called the police and because of the disrespect she was allowed to 'beat him lightly' at the side of the road....classic!!

2006-10-31 06:18:02 · answer #6 · answered by Anonymous · 0 0

Here's what happened to me when I tried to defend myself.....
I was arguing with a guy that got pretty heated so he picked me up and threw me onto my bed where I fell off the other side and hit my head on the nightstand. He is in the military and knows martial arts. I grabbed a paint tape thingee that has sharp edges on it and threw it at him as he turned around and it stuck in his back and got him off me long enough to run passed him. Without knocking and to the neighbors surprise I darted in his house and locked the door (luckily he was home) and called the police. I told him not to let the other guy in frantically trying to explain my situation while dialing 911. He finally went back to my apartment and started gathering his things while I waited for the police to show up. When they got there they were going to take me to jail if HE wanted to press charges because I used a "weapon" in self defense. It didn't matter to them that he was stronger, bigger, had military and martial arts training, and threatened to kill me or that this took place in MY apartment! The "LAW" was, I used a weapon and if he wanted to press charges I would have went to jail. Hows that for self-defense "laws"....

2006-10-31 06:13:01 · answer #7 · answered by mother_flower 3 · 2 0

You should see some of the self-defense laws some of the southern states just passed. I live in Florida and if someone breaks into my house - I will use my gun and I will shoot to kill. My gun is always HOT and ready to go within arms reach of my bed.

2006-10-31 06:32:54 · answer #8 · answered by dally d 1 · 1 0

Under the Human rights act, (the criminals charter) action to deter anyone (by any means) who wants to burgle your house, rob you, rape your wife or molest your children is seen as discriminatory action which stops a person (criminal) from performing their chosen work. Law abiding citizens of the UK have no right to defend anything.

2006-10-31 06:15:41 · answer #9 · answered by Anonymous · 1 0

They vary greatly from state to state,

In some states if attacked you are expected to attempt an escape if at all possible first before protecting yourself physcially.

And it will normally be a jury who decides if you tried to get away hard enough.

In many states you can not use force to defend property, so if someone comes up and wants your car, you give it to them, since if you hurt them they can sue you.

So you need to find out about your specific states laws.

2006-10-31 06:08:47 · answer #10 · answered by Anonymous · 0 1

fedest.com, questions and answers