Is it true that some schools have an exemption to the self-defense law, saying that if you are in school and when someone attacks you then you try to defend yourself instead of running away then you will still be punished for it? Everyone in my school tells me that but I don't know whether its true or not. Is that really a law?
2007-09-27 09:27:26 · 5 answers · asked by -NOBAMA- 3 in Politics & Government ➔ Law & Ethics
First, I'll address the question about state laws. There are two types of state self-defense laws which vary by jurisdiction. Once group of states allow force or reasonable threat of force to be met with force in self defense and do not require retreat. The other jurisdictions, (or retreat jurisdictions), you guessed it, require the person to retreat if possible upon force or threat of force. If there it is possible to retreat, the person will not be permitted to physically defend themselves. If there is no possibility of retreat, (and this is a high standard - basically your at the end of an alleyway) then the person can defend themselves with force.
Your school policy can go above and beyond what the requirements of the law are. This means that even though you may be entitled to use the same degree of force used upon you in self defense under your state laws, your school can have a policy banning any use of force, regardless of whether it is in self defense or not. So, if you push someone off of you to the ground who is trying to hit you, and get caught by the principal, you can be suspended for using force, but you can't get arrested.
2007-09-27 10:32:26 · answer #1 · answered by Tara P 5 · 0⤊ 0⤋
Yeah, schools will often punish everyone involved in a fight by administrative means (like detention or suspension).
Otherwise schools cannot modify state law. Now state WILL in fact often require a person to run away, and only to defend himself with force if escape is not an option or is too dangerous.
2007-09-27 16:34:22 · answer #2 · answered by hq3 6 · 1⤊ 0⤋
What they are probably refering to is a school policy on fighting. It takes two to fight, and both could be held responsible.
Self defense is not automatic, it is up to you to prove you had that right. Most people think an invitation to fight from someone automatically kicks in a right to self defense, it does not. If you can separate from the threat, you can not claim self defense.
2007-09-27 16:32:27 · answer #3 · answered by trooper3316 7 · 2⤊ 0⤋
If you meet a threat or an attack with force when there is a reasonable way of avoiding it, then yes, you have reacted improperly.
Feeling threatened should not be sufficient cause to attack another, although some states have rewritten their laws so that it is, even to the use of deadly force.
2007-09-27 16:32:57 · answer #4 · answered by Tom 6 · 0⤊ 1⤋
Thats the way it is in my school system. Anything other than covering up or leaving the area gets you the same punishment as the person hitting you.
2007-09-27 16:33:14 · answer #5 · answered by sensible_man 7 · 0⤊ 1⤋