Do people have a right to self-defense? A human right to self-defense or anything like that???

Question

Today, my friend was wrongfully punished at school for using self-defense, so she would not get hurt. She threw one punch, strong enough to knock the assaultant off of her and give her time to run for it, and she got suspended for it. I plan to present an online petition to the school administrators to oppose their decisions to suspend her.

However, I believe that I cannot present the petition or even start the petition with no solid proof that people have the right to self-defense. Anything, even if it is null and void, it was still permitable, and we people constantly look to the past to start the future.

The link to my petition will be on this Q&A when I am able to start it. If you truly care about my friend, or even better, care about this topic, then please support me and my friends and sign the petition when it comes on. Thank you.

I also noticed that what the UN had to say about self-defense was almost completely about armed and/or gunned self-defense.

Is there anything about hand-to-hand self defense specifically??

I just happen to find this ( http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=49179520780+1+0+0&WAISaction=retrieve) on a site (http://www.leginfo.ca.gov/calaw.html) with the California (where I currently reside) Codes of Law. Can this possible counteract the decison of the administrators.

I also here that state laws in every state say that self defense is permitted,but if it’s not allowed in schools and the law says that you can defend yourself, then the schools who suspend and expel for self defense are breaking the law. Is this true? I got this off of http://www.zerointelligence.net/archives/000333.php, from a comment by "Marlene" (Ctrl + F "Marlene")

Robert S. I plan on interrogating my friend's friends who were at the scene of the crime. And maybe also the other side of the story.

my school follows the 'fighting takes two or more' rule

Answer 1

Yes, you have a right to defend yourself and your home when you know there may be bodily to yourself, family etc. However you better be sure it was for just cause.

With school, most likely there is already a rule on paper that states, no fight on school grounds. On the other hand, I hear what you are saying. I'm guessing that there has been hassling going on before the "fatal" punch.

Was your friend being hassled, bullied, called names? Was your friend trying to avoid confrontation with the other person? Did the other person get some kind of punishment from the school if she was trying to "goat" your friend into a fight?

People usually let loose when they finally have had enough, it's human reaction. However, don't think that will hold up. Does your friend have a reputation at school as a fighter, and this has happened before and she had been warned by the school if it happened again she would be suspended.

As you can see, there are a lot a details missing here. If you're going to post a petition, be sure you have all the details for all to read. They aren't going to sign a petition without the details.

There's nothing I hate more then an abuser/bully because it seems the person getting bullied keeps getting bullied and the schools seem to turn there heads. Yes, I believe people have the right to defend themselves from any king of abuse.

Answer 2

firstly I do feel sorry for your friend and understand how she feels as I was bullied at school myself when I was a kid, and I do believe people all people have the right to self defence, but did this punch happen at school and on school property and does the school have rules and regulations regarding fighting or hitting, if your friend was assulted at school then a teacher should of been informed school is not a place that the students take matters into there own hands regardless of what the circumstances are,that is what teachers are for, as far as how the school reacted I believe they are quite within their rights, that is going on if that is stated in their rules etc, other then that again I say everyone should have a right to self defence.

Answer 3

Not enough information on the situation. Was the assailant male or female? What was the intent of the assailant? Does the school has a no tolerance rule toward violence or fighting on school property? Age?

No petition is worth the paper its written on if you limit the information describing the incident. Or alter the information in any way to push your agenda.

Answer 4

In the Criminal law you absolutely have the right to self-defense. You may repel an aggressor with a reasonable degree of force. You may use deadly force if you believe you are in imminent fear of death or substantial bodily harm. Now let's get to the suspension part:
Did she get a hearing before being suspended and was she represented by Counsel? She has a Constitutional right to Procedural Due Process before being suspended from school.

See GOSS V. LOPEZ: http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/goss.html

Another cite: GOSS v. LOPEZ: http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=us&vol=419&invol=565

Let's keep in mind ther are three elements of the Criminal law that work for the Defendant: Justification, Mitiigation, and Excuse. Self- defense falls under Justification.

Answer 5

I am a strong believer that as humans, we all have the right to self defense... It's in our genes, fight or flight... I will definately sign the petition, as soon as I see it... I always thought that policy was dumb... Why should I risk possibly perminant injury if someone's attacking me, by not fighting back?! I think the schools should be sued for this policy. It is completely retarded, and self damaging.

Answer 6

to stick to easily one in each of any of those philosophies you mentioned is only too limiting. What if i don't experience solid, I only might desire to confirm to go for the hills, quit my money or what ever. consistent with danger the opponent has a gun and compliance is the extra advantageous determination. There are only too many variables. If I had to %. a philosophy it may be 'each little thing is going'. battling, working, compliance, despite is critical for that subject at that think approximately your existence, not somebody's else's existence, yours. thank you pugpaws for stating to on no account hit inclusive of your physique in case you will discover something to hit with. this is a tricky one to get for the period of to human beings in the martial arts. there is likewise the psychological component to hitting with something on your hand. It makes you suspect which you will hit so plenty extra durable and the blows will prove extra devastating. The suggestions is a effectual component.