What I mean by this term is if you are feeling threatened, is there any point where you go too far defending yourself? I'm terrible with examples, but I'll try to come up with some good ones.
Say, a man runs up to someone, hits them on the back, and demands money. The suspect underestimates the victim's strength and skill, and the victim beats the man to death.
Or, say that the victim shoots the suspect when the suspect doesn't have any weapons.
Does the victim go too far when they become the one attacking?
2007-09-30 11:18:02 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Yes. Once the threat is over... (kicking someone who punched you after they are on the ground, for instance) then the "self defense" ends, and the original victim is committing assault on the original suspect.
2007-09-30 11:25:26 · answer #1 · answered by Citicop 7 · 1⤊ 0⤋
Yes, there is such thing as excessive self-defense but in the scenario you described, you did not use excessive self defense. If someone is about to kill you and you kill them out of self-defense, it is justified, and you can get away with it because you were only protecting yourself and/or others. But if it was like some guy who ran up to you, quickly grabbed your backpack and made a run for it, if you attempted to really hurt them or even kill them, then that is excessive self-defense and you'd probably go to jail for that.
2016-04-06 08:52:48 · answer #2 · answered by Anonymous · 0⤊ 0⤋
I think the closest you are going to get to that, legally, is temporary insanity. If your emotions get the best of you, to the point that you can not distinguish right from wrong, it is possible you could argue your frame of mind. Otherwise, when the threat is over, you are required to stop.
Unlike "innocent until proven guilty", this would be up to you to argue.
As far as your shooting example, it is your perception of the threat and how reasonable that perception is. Again, it would be up to you to sucessfully argue why you did what you did.
2007-09-30 11:27:46 · answer #3 · answered by trooper3316 7 · 1⤊ 0⤋
Yes. If someone breaks into your home you can pretty much kill them and it will be a valid self defense, but if someone tries to steal your purse for example and doesn't actually hurt you, and you kill them, that would be considered excessive.
2007-09-30 11:24:06 · answer #4 · answered by Eisbär 7 · 1⤊ 0⤋
like bush goin too far with his war. yes there is.
2007-09-30 11:21:50 · answer #5 · answered by fishshogun 5 · 1⤊ 3⤋