29 Nov Self Protection for Legal
In Leviathan (1651), Hobbes (who first used the English term self-defense) proposed the basic political theory that distinguishes between a state of nature in which there is no authority and a modern state. Hobbes argues that while some are stronger or smarter than others in their natural state, none are strong enough to move beyond the fear of violent death, justifying self-defense as the highest necessity. In The Two Treatises of Government, John Locke states the reason why a landlord would give up his autonomy: It is a generally accepted principle that a person can protect himself from harm in appropriate circumstances, even if that behaviour would normally constitute a crime. In the U.S. legal system, each state allows a defendant to invoke self-defense when charged with a violent crime, as the federal government does. The “obligation to withdraw” laws refer specifically to the use of lethal force. A state with some sort of “pension obligation” expects individuals to try to withdraw from imminent danger by fleeing or fleeing the situation. If the individual is physically unable to escape the situation, the use of lethal force may be considered self-defence. If a person is cornered or physically chained and risks bodily harm or death, they have the right to use any force necessary to protect themselves, including lethal force.
In some jurisdictions, the accused may be the original aggressor and continue to use force in self-defense if the defendant withdraws from the attack and informs the attacked person of the withdrawal (N.Y. Penal Law, 2010). If, after the defendant`s withdrawal, the attacked person continues to use force against the defendant instead of notifying law enforcement or withdrawing, the accused has the right to use force in the circumstances. The claim of self-defense depends heavily on the threat. This includes if it was a verbal threat that made the person feel threatened, making them feel the need to defend themselves. It also depends on whether the threat was imminent or not.  Some questions are whether the threat would occur and whether the person`s life was really in danger. Did they provoke the person for the attack? When the person attacked the person, did their self-defence match the threat, or was it to the point where the person eventually died, even though they did not need to be killed? Was it a defense of the “doctrine of the castle”?  Did they intentionally break into the person`s home and attempt to harm him or his family in such a way that they had to defend themselves or others with lethal force? There are currently 24 states with “Stand Your Ground” laws, including North Carolina and Florida, that were criticized in 2012 for Trayvon Martin`s death.
In this situation, the shooter, George Zimmerman, was a member of the neighborhood guard who shot and killed 17-year-old Trayvon Martin, unarmed. Zimmerman was later acquitted of second-degree murder charges after declaring Florida`s “Stand Your Ground” laws. A “Stand Your Ground” law means that a person can use force, or even lethal force in some states, to defend themselves without first trying to withdraw from imminent danger. In many “Stand Your Ground” states, a person can avoid trial altogether and gain immunity from prosecution with a claim of self-defense. The self-defense laws of at least 23 states (Arizona, Arkansas, Colorado, Florida, Georgia, Idaho, Illinois, Indiana, Kentucky, Louisiana, Maryland, Michigan, Montana, New Hampshire, North Carolina, North Dakota, Oklahoma, Ohio, Pennsylvania, South Carolina, Tennessee, West Virginia, and Wisconsin) grant civil immunity to self-defense in certain circumstances. Lyle and Eric Menendez were tried and convicted of murder and conspiracy to murder their parents. There were two rounds of testing. The first trial, which had two separate jurors, resulted in two jurors hanged. At the first trial, the brothers presented evidence of sexual abuse by their father, and the court informed the jury of imperfect self-defense. The jury`s flawed self-defence instruction was based on the brothers` honest but unreasonable fear that their father would hurt or kill them (Menendez v. Terhune, 2010).
The second trial was conducted before a jury and resulted in convictions. During the second trial, some evidence of abuse was discarded, Lyle Menendez refused to testify, and there was no jury order for imperfect self-defense. After the conviction, the brothers sought a writ of habeas corpus based on several allegations, including excluding evidence of abuse and failing to lecture the jury on imperfect self-defense (Menendez v. Terhune, 2010). The U.S. Court of Appeals for the Ninth Circuit upheld the U.S. District Court`s dismissal of the petition on the grounds that there was insufficient evidence to support the jury`s flawed self-defense instruction and no basis for the admissibility of evidence of abuse. The court ruled that the evidence confirmed there was no imminent threat of grievous bodily harm or death when the brothers killed their parents. Some States also consider cases where the person invoking self-defence provoked the attack to be imperfect self-defence. For example, if a person creates a conflict that becomes violent and then inadvertently kills the other party while defending themselves, a self-defense claim might reduce the charge or punishment, but would not completely excuse the murder. In the 1980s, a handful of state laws (dubbed “Make my Day” laws) dealt with immunity from prosecution when using lethal force against another person who illegally and forcibly invades a person`s home. In 2005, Florida passed a Castle Doctrine Act that expanded that premise to include “Stand Your Ground” language regarding self-defense and the duty to retire.
For example, if an unarmed person enters a house to commit theft, and while they are there, they do not threaten anyone, do not do anything that reveals an intention to hurt anyone, and there are a number of people who can easily secure them, no one will have the right to harm them. Let alone kill them. Me. Comp. Laws § 780.972, accessed November 13, 2010, www.legislature.mi.gov/(S(3li5rs55kkzn2pfegtskdunn))/mileg.aspx?page=getObject&objectName=mcl-780-972&highlight=self-defense. The party committing the attack may be resisted, and if several persons participate in such an attack, they may all resist, and one may be killed, although they themselves have not given the immediate reason for such a murder, if they have aided the aggressor by their presence and actions. No one may be subjected to arbitrary interference with his privacy, family, home or correspondence, or to attacks on his honour and reputation. Everyone has the right to the protection of the law against such interference or attack.
A defendant cannot invoke self-defence unless a person reasonable in the defendant`s situation believes that self-defence is necessary to avoid injury or death. If the accused honestly but unreasonably believes that self-defence is necessary in the circumstances, an allegation of imperfect self-defence may reduce the gravity of the offence (State v.