Questions tagged [self-defense]
Legal allowance to use force to protect one's self. May encompass rights to use force to protect one's property or the person or property of others.
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Ahmaud Arbery defendants invoke Georgia State Law as a Defense in Federal Court
It is my understanding that three defendants face a Federal hate crime involving the shooting death of Ahmaud Arbery.
In April 2021, all three men were indicted on federal charges of one
count each ...
1
vote
1answer
141 views
Castle Doctrine as it applies to unruly Guests
If you have a guest at your house in Texas, United States that has started acting in an unpredictable and threatening way that will not leave, does the castle doctrine apply in getting them to leave? ...
0
votes
1answer
145 views
Can a person defend himself after breaking into a home?
Can a person defend himself after breaking into a home? Can a home invader stab a person as self-defense after breaking into that person's home, or can a home invader action can never be construed as ...
1
vote
1answer
86 views
How is the "reasonable force" requirement applied to fights that end up in a grapple?
In the England and Wales ones right to respond to attacks is limited to what is considered "reasonable force". The CPS sum up with a quote from Palmer v R, [1971] AC 814:
It is both good ...
2
votes
1answer
89 views
How accountable are dog owners for their animals' actions?
I realise that if I forget that the garage door is open and my dog gets out and bites someone I'm in big trouble. What would be the case if I'm sleeping in my house and someone breaks in and my dog ...
3
votes
1answer
83 views
Can awareness of other crimes be used as part of a self-defense argument?
Daniel Perry shot and killed Garrett Foster at a protest/riot last year. What is not disputed is that Foster approached the window of Perry's car with a rifle, when Perry shot him. Could Perry's ...
0
votes
1answer
67 views
Why is it necessary for a belief of imminent deadly force to be subjectively reasonable?
I've recently come across this video by Attorney Tommy John Kherkher regarding the subject of using deadly force in self defense. In his video, he presented a checklist of things which are required ...
4
votes
1answer
196 views
What is a legal response if police illegally try to enter your home?
Say the police turn up at your house with a search warrant. They show it to you, and it is more than 3 months old and so invalid, and therefore does not give them the right to enter your house. You ...
36
votes
5answers
16k views
What crime is hiring someone to kill you and then killing the hitman?
Suppose that yesterday I was suicidal and decided to hire a hitman on the internet to kill me.
Today, when they turn up, I have changed my mind and defend myself by killing the hitman.
What crime(s) ...
4
votes
1answer
549 views
Is it illegal to carry an improvised pepper spray in the UK?
Civilian possession of pepper spray is banned in the UK, due to its use in self-defence.
There are, of course, many household items that can have a similar purpose. While not nearly as effective, no ...
1
vote
1answer
130 views
Make my Day... in the office?
Assume Adam, Esquire, is working in Colorado. He has an office different from his home. Let's say Downtown in a sleepy town that has no extra gun control laws. It's 3 AM and he is working on the ...
1
vote
2answers
152 views
Harming third party in self defence
I recently watched a German crime series and there was the following situation:
Kidnapper kidnaps several hostages
Hostage A wants to break free
Hostage B joins them (voluntarily)
Near the exit they ...
1
vote
1answer
220 views
Does self defense apply if you bait the person?
Here's the situation. There's a disagreement between two individuals, Bob and Dave. Bob decides to get a gun, and then proceeds to taunt Dave. Dave becomes angry starts yelling, Dave intends to kill ...
1
vote
1answer
112 views
What is an appropriate level of self defense for non-immediate but still dangerous attacks?
While browsing Reddit I came across a video where a person purposefully coughs on another person in an elevator, and then gets forcibly removed from the space.
After watching I wasn't sure if the ...
0
votes
1answer
86 views
In Florida, can a home defense weapon and use of "Castle Doctrine" (deadly force) transfer to a house of a friend that I visit?
Suppose I am entitled to use a weapon for home defense in the state of Florida. If I visit a friend for say 1 week, would the Castle Doctrine apply if an uninvited intruder entered the house of my ...
12
votes
4answers
7k views
If a person is dressed up as non-human, and is killed by someone who sincerely believes the victim was not human, who is responsible?
I've seen several videos about pranks when someone dresses up as a zombie or other kind of monster, to scare people. I would assume that if such an actor dressed up as a monster suddenly attacks ...
15
votes
2answers
6k views
Is it legal to hack a hacker back (in the US)?
I was wondering if it's legal to do what most people call a "hack back." Suppose someone tricked you into downloading software onto your computer that was designed to steal your data, but it ...
-3
votes
1answer
81 views
Where is the line between assault and self defense?
Suppose that someone of whom one is not fond walks up to you while you are having a conversation with another and stands quite too close for comfort and you ask them to get out of your personal space. ...
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vote
3answers
242 views
Do police have special protection in shootings, related to Breonna Taylor
I know this is a hot button issue. I was reading about self defense with a firearm and found the general rule that a person that instigates a fight cannot use a self defense argument when using deadly ...
0
votes
1answer
81 views
I want to know if i have the right to push someone if they slapped me in self defense
I have a question, about 3 or 4 months ago, i was just outside chilling with some of my friends and then some girl came and slapped me, all i did was push her back in self defense. I just want to know ...
9
votes
2answers
518 views
If two gunmen are in a standoff, can either of them kill the other and claim self defense in the USA?
Because of recent news about the Kenosha shootings, and people claiming the shooter might walk free because he can claim self-defense, I've started wondering this question. I've seen pictures of ...
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votes
2answers
330 views
How does context nullify the Rittenhouse self-defense? [duplicate]
The Rittenhouse defense has invoked self-defense justification for the shooting deaths of 2 in Kenosha Wisconsin.
Given the context of:
Protesters
Rittenhouse indicating intent to protect property ...
8
votes
2answers
2k views
Can killing be "self-defense" if you are committing a crime yourself?
Kyle Rittenhouse has been charged with murder.
I believe that the facts of the incident are not in dispute, because of ample video evidence: Rittenhouse was attacked, tried to escape, and when he ...
-3
votes
1answer
190 views
Is it legal in Chicago to shoot looters?
I was stuck in the riot, in Chicago, a few days ago, and felt rather threatened by the degree of organized lawlessness. I walked out of my home to purchase a soda, and saw an organized raid of 7/11 ...
2
votes
2answers
346 views
The "self defense" defense but for pets
If you were to be walking with your family down the street, and a kerfuffle with a stranger were to break out, risking the safety of yourself or your family, in both federal and state courts for just ...
1
vote
2answers
85 views
Is an individual's claim to self-defense impacted by whether or not they used a tool/weapon?
Consider the following hypothetical scenario:
A robber breaks into a person's apartment. They had initially expected the individual to be at work, and thus the apartment empty. But unfortunately, the ...
0
votes
2answers
202 views
Why does the legal system make it easier to successfully claim self-defense if it resulted in the death of the assailant?
Most (if not all) firearm self-defense courses will teach you that violent altercations can end in the following outcomes, sorted in order of preference:
De-escalation - resolve the conflict before ...
-1
votes
1answer
170 views
Am I allowed to threaten to detonate a bomb when a group of people are illegally threatening my life in public?
You are eating in a public restaurant. A group of people suddenly take out their guns and point them at you. You have a gun on you but you don't want to use it because you are afraid of getting shot ...
4
votes
2answers
242 views
Has there ever been a successful defense based on "self-defense" in a case of a person charged with killing an on-duty police officer?
Title says it all. Is there any example of someone being found not guilty of killing an on-duty police officer? Obviously this must happen all the time when the facts cannot be proven. I'm wondering ...
1
vote
2answers
199 views
Can a civilian use tear gas to disperse a mob of protestors gathered around his/her car?
Let's say I'm driving down a major interstate highway and I see a group of ~100 or so people climbing over the highway fence and spilling out onto the highway. They have signs, I'm going to assume ...
7
votes
1answer
535 views
Would it have been legal to step in and prevent the death of George Floyd? (Interfere with arrest to save a life) [duplicate]
I know this is a viral topic right now but I don't mean to ask it simply for the sake of hype and controversy. I am genuinely curious about it. If this question isn't appropriate here, please advise ...
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vote
0answers
135 views
Did Cliff Booth commit crime by killing Tex and Katie?
In Once Upon a Time in Hollywood, Cliff Booth defends himself and his friends from intruders Tex, Sadie and Katie (the Manson Family killers).
First, Tex fails to shoot Cliff as Cliff's dog takes Tex ...
2
votes
2answers
148 views
US laws: shooting an undercover cop
So this is in the interest of storytelling and writing.
So we have cop A who is undercover and acting as mobster B's right hand man.
Then we have bar owner C who closed down the bar, and is alone in ...
3
votes
0answers
267 views
What weapons can I legally carry for self-defence in New York City?
I've been on the receiving end of racist verbal attacks regarding COVID-19.
I've already reported this to the police; they advise me not to engage with the offenders.
However, I suspect that things ...
0
votes
1answer
188 views
If someone attacked me with a weapon twice and I hit them back once is that self defense?
Scenario:
If John was walking his dog and another pet owner made him aware their animal will attack his dog, which it then goes on to do (in a public park) and John intervenes and stops the animal ...
2
votes
1answer
105 views
Self defense after provocation on the part of the defender
A friend of mine in university wants to ensure he can defend himself legally. In a library a group of individuals were talking enough to annoy him and as the library has explicit no talking policy he ...
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votes
1answer
172 views
Castle doctrine
Does castle doctrine mean any guest at a house can kill uninvited guests? Is it awkward because they would have to know the guest was uninvited despite not being the property owner? Would a quick ...
0
votes
1answer
190 views
How could the recruits have legally defended themselves against the drill sergeant's insults in Full Metal Jacket?
I stood with my mouth open as I watched the first ten minutes of the movie Full Metal Jacket:
https://www.youtube.com/watch?time_continue=2&v=71Lft6EQh-Y&feature=emb_logo
The movie is set in ...
15
votes
2answers
3k views
Does the "stand your ground" law regarding shooting an intruder apply when the door of the dwelling was not locked?
I was wondering, suppose someone enters a dwelling uninvited in a state that has a stand your ground law (or as I am being correct on, Castle Doctrine). If the door was not locked, would the homeowner ...
5
votes
2answers
690 views
Home Self Defense: Sweden
So I am reading a fictional book, that takes place in Sweden, and there is a situation presented that strike me as implausible.
A female character is being "stalked" by another character, and ...
1
vote
1answer
224 views
Bringing an electric gun in the streets (Belgium)
Is it permissible to bring an electric gun in a hoster just in case of self-defense? Is there a need of a special written permission by a police department or a weapon center or by a court? What are ...
5
votes
1answer
816 views
Can an employer be required to provide an escort from office to vehicle?
Follow up question to Can an employer be forced to allow an employee to bring a gun to work (Washington State)?
It appears that an employer can limit employee concealed carry.
(It would also seem ...
5
votes
4answers
634 views
Claiming self-defense and refusing to self-incriminate at the same time
Bob shoots Rob dead. Noone saw what actually happened, no video footage, nothing. Bob does not deny shooting Rob but claims it was self-defense. He does not go into details — invoking his right not to ...
1
vote
1answer
411 views
Can a police officer enter with no warrant or cause, and must I comply with orders if one does?
This is a hypothetical question.
I am in my garage on a Saturday reloading ammunition and cleaning several guns for a range trip the next day. It is hot and I had the large garage door open. As ...
1
vote
3answers
3k views
Is Plummer v State still valid under contemporary law?
Apparently, in Plummer v State back in 1893, the court ruled an individual may act in self-defense against a police officer provided there is unlawful use of force. Note, this does not mean self-...
0
votes
1answer
294 views
Self Defense- Lethal Force- Taser & Knife Vs. Fire Arm
I was thinking of buying a taser for self defense. However, if someone were trying to attack me such as pulling a gun out on me, I fear a taser will just leave a criminal pissed off and still wanting ...
3
votes
2answers
624 views
Self defense during execution
Let's say someone has been sentenced to death and is about to be killed by lethal injection. While they are being brought into the execution room, they manage to escape the grip of the prison guards ...
2
votes
0answers
113 views
Is it legal to use self-defense against police brutality? [duplicate]
Is it self defense if a police officer were assaulting; let’s say my uncle, and punch or push away the officer to stop him from hurting my uncle would that be legal?
1
vote
1answer
190 views
Why is use of force justified in this way?
Typically when we see an officer on the media for their use of force, even when the other person was a danger, we see the general public retort with something of the form "lesser force could have been ...
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votes
1answer
21 views
Where Can I Find Weapon Definitions as Refereed To In NY Penal Code?
In NY penal code section 265.01 it states:
A person is guilty of criminal possession of a weapon in the fourth
degree when:
(1) He or she possesses any firearm, electronic dart gun, ...
