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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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Litmus test for justifying deadly force by law enforcement

A USAF Airman answers the Okaloosa Sheriff's deputy knocks on the door. The Airman has a pistol in his hand and did raise the pistol. Does having a pistol in the hand justify the use of deadly ...
gatorback's user avatar
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-1 votes
1 answer
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How do US self defence law apply to protest camps?

In the US self defence laws appear somewhat on the side of the defender, particularly when ones home is attacked, compared to the UK for example. These has been an example where third parties, ie. not ...
User65535's user avatar
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-4 votes
2 answers
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Is it legal to remove a phone from a driver's hand?

Alice and Bob are in a car together; Alice is driving. While on the road, she picks up her phone and begins texting. Is it legal for Bob to take the phone from her until she parks? Normally this would ...
Someone's user avatar
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1 vote
2 answers
190 views

Is it legal to lie to someone that you have a concealed weapon?

Suppose someone threatens me and I tell them that I have a concealed weapon and I'm willing to use it to defend myself (when I in fact do not, because that's illegal under section 89 of the Criminal ...
Purple P's user avatar
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-1 votes
2 answers
139 views

Is throwing a cup of sewage considered lethal force?

Warning for disgusting content 37s long surveillance video of Man walking up to someone and emptying a cup of contents from toilet. https://www.youtube.com/watch?v=IjDfJlsyXj4 Are you allowed to use ...
IKnowNothing's user avatar
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17 votes
5 answers
9k views

Is it legal to take an attacker's illegal gun?

Suppose that Bob, with no justification, draws a gun¹ and aims it at Bill. This gun is illegal to possess in their jurisdiction. Bill, who was unarmed initially, manages to overpower Bob and take the ...
Someone's user avatar
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13 votes
3 answers
4k views

Can you ever be certain that you will not be tried for an alleged crime?

Suppose someone is involved in a self-defense altercation where the other party ends up dead. As far as I understand this could result in one of the following outcomes: The police investigate and a ...
shellster's user avatar
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55 views

Can one legally use force to stop someone from damaging their property? [duplicate]

Alice is throwing rocks through Bob's house's windows. Bob asks Alice to stop, but she ignores him, and continues. Is Bob legally allowed to use force to make Alice stop damaging his property? ...
user4867444's user avatar
-4 votes
2 answers
252 views

What is the threshold for reasonable force when one is being mugged or assaulted?

Bob was mugged and assaulted by a gang of three youths, and when later standing on the side of the street chatting with a stranger about the incident they said that what they would have done if faced ...
TylerDurden's user avatar
4 votes
1 answer
316 views

Minnesota 'duty to retreat'?

Many sources online say that Minnesota imposes a 'duty to retreat' in all self defense situations. None of these sources online, whether they support the concept or not, cite any specific legislation ...
tuskiomi's user avatar
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1 vote
3 answers
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Is a future threat a defense for murder?

Consider this scenario: you and a known enemy, with which you have had violent altercations in the past, have been in a fight and you have been badly wounded. The enemy tells you that once he leaves ...
Ethan's user avatar
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3 votes
3 answers
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Is knowingly driving my car while people are on it to escape a dangerous situation valid self-defense?

Suppose I accidentally drove into an area where protests are heating up. As I get out of my car, mobs spiral out of control and start damaging public and private property. I sense immediate danger and ...
jfa60464's user avatar
1 vote
3 answers
163 views

Is deliberate radio interference justified in self-defense or defense of others?

Deliberate radio interference is normally, if not always, illegal. Is self-defense or defense of others a valid justification? If Alice hears Bob and Bill using radio to plan a violent crime, is it ...
Someone's user avatar
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-2 votes
1 answer
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On the legality of booby traps in a far future united states [closed]

So there are a few famous cases in the united states wherein booby traps were ruled to be illegal, as they're indiscriminate in their application. Let's say we have material X. Material X is special, ...
tuskiomi's user avatar
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12 votes
6 answers
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What would you be charged with for covering up a rightful death?

I'm referring to a specific situation that occurred in the TV show 24. Due to previous complex circumstances, a man (call him "Bob") destroys a van that is the scene of a murder and hides 2 ...
Ethan's user avatar
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2 votes
3 answers
1k views

Can a private party shoot down an aircraft in self defense or in defense of others?

If someone who is not associated with the police or military is certain that an aircraft is being used as a weapon for a violent crime (maybe someone is flying a small plane directly toward an ...
Someone's user avatar
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2 votes
3 answers
650 views

Force allowed against pickpocket

If a victim catches a pickpocket in the act, what degree of force is legally justified by the victim against the pickpocket, given that pickpockets do not usually pose a threat of violence, but the ...
FlanMan's user avatar
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5 votes
1 answer
250 views

Would a guide to deodorant etc based on self-defence break any laws?

Alice lives in the UK. She and many women fear attack but pepper spray and other non lethal weapons are sadly illegal. Alice starts a podcast reviewing deodorant and other household items, covering ...
Comic Sans Seraphim's user avatar
3 votes
4 answers
1k views

Is defending oneself from a sexual assult a defence for murder?

A man forces himself on a woman with no threats of violence, no deadly weapon and he doesn't even hit her, he simply just physically overpowers her. This occurs in the kitchen and she is able to grab ...
Ethan's user avatar
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13 votes
6 answers
7k views

Is it legal to use force against a person who is illegally trying to disconnect a hospital patient's life support with intent to kill the patient?

Alice is visiting Bob, who is on life support in a hospital, when Mallory comes into the room and tries to disconnect Bob's life support with intent to kill Bob. Is Alice allowed to use force against ...
Someone's user avatar
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31 votes
5 answers
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Is it legal to use force against a person who is trying to stop you from rescuing another person?

Alice has been severely injured or is otherwise in danger. Eve wants to help Alice, but Bob is somehow preventing her from getting to Alice. Assume that Bob is not threatening to harm Eve; he is only ...
Someone's user avatar
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1 vote
2 answers
969 views

If you taunt someone, then are you disqualified from "self-defense" when they become violent with you?

Dave is angry and intoxicated. Terry the Troll goes up to Dave and starts insulting him and his mother (etc.), and Dave lashes out and starts trying to beat up Terry. My question is if Terry "...
chausies's user avatar
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-8 votes
1 answer
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Lethal force to defend killer dogs?

Let's consider the following scenario, taking place in an American state where self defense in defense of property and castle laws are in effect. An intruder onto a man's property is mauled to death ...
nick012000's user avatar
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9 votes
2 answers
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Is self-defense allowed when there are objectively reasonable grounds but it is actually done subjectively for improper reasons?

Suppose that someone uses deadly self-defense in circumstances when it would have been objectively reasonable to do so (e.g., someone has a gun pointed at you and has threatened to shoot). But, the ...
ohwilleke's user avatar
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1 vote
1 answer
186 views

Can you use deadly force in self defense when you could likely appease the attacker by deleting a video of a crime they committed?

John commits a non-violent crime against Jane. Jane recorded the crime. John threatens to kill Jane if she doesn't delete the video. Can Jane legally use deadly force against John?
Someone's user avatar
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1 vote
0 answers
84 views

Can this be considered to be self-defense under U.S. laws (graphic video)?

The video is graphic. The store owner stabs a robber multiple times when his life wasn't threatened. Can this open him to criminal and civil lawsuits? https://www.youtube.com/watch?v=RCu4G_ZkBI0 I don'...
Sayaman's user avatar
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2 votes
1 answer
178 views

Do people committing crimes against property have the right to self-defense against deadly force?

John is stealing from James, and James threatens to shoot John. Since it is not legal to use deadly force in defense of property, can John now legally use deadly force to defend himself against John?
Someone's user avatar
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-2 votes
2 answers
164 views

Would a robot controlled by sentient AI have a right to self-defense?

If someone built a robot controlled by a sentient AI that had a will to live, could the robot use force to defend itself against a person trying to harm (or unplug) it?
Someone's user avatar
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27 votes
4 answers
8k views

Is it true that a teacher can't engage/attack a shooter from behind during a school shooting that is in progress?

I have a cousin who is a teacher and a few years ago we had a long discussion about school shootings and part of this discussion was about what teachers can and cannot do during a school shooting that ...
user57467's user avatar
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1 vote
2 answers
242 views

Does self-defense apply against someone acting lawfully?

Expounding on this question, if one shoots someone, does the lawfulness of that other person's actions preclude a self-defense argument? Suppose Alice is a cop in a shootout with Bob. Chuck is behind ...
Acccumulation's user avatar
1 vote
0 answers
97 views

Physical response to threatening behavior - still self-defense?

Assuming the following scenario: "I" asked a visitor to my home to return an item they had borrowed some time earlier. In response, they got angry and crowded me into a corner, acting very ...
Rory's user avatar
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12 votes
5 answers
9k views

Can I use lethal force to protect myself and others from an on duty officer if he or she starts shooting up the location?

I know that in Colorado we have the castle law for self defense which allows people to protect themselves with lethal force on or inside their property as long as they believe their life and family ...
Adrian's user avatar
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1 vote
1 answer
1k views

Self defense in Spain

What are Spain's laws regarding self defense? Does Spain have the equivalent of "Stand your ground," or "Duty to retreat?"
Ron Trunk's user avatar
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1 vote
1 answer
339 views

While stopping an active shooter, if I accidentally shoot a bystander, could I be held criminally and/or civilly liable?

The question pretty much covers it, but I will elaborate. Let's imagine I am in a public place, such as a mall, or some other large gathering of people, when I hear gunshots ring out. Let's say that I ...
Curious Layman's user avatar
4 votes
3 answers
1k views

Is it okay to push someone off your property if you've told them to leave but still didn't. Germany

I was in a fight with an apartment mate of mine. I have told her to leave my room after she took the remote and turned off my tv, but she did not leave. So I pushed her out of my room, she then ...
Alex's user avatar
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2 votes
2 answers
654 views

Is it legal to steal a car to save your life when your life is in danger?

Person A is bein chased by person B who is carrying a knife. Person A has good reason to believe that if person B catches him, his life will be in danger. As person A runs away, he sees a convertible ...
Bob's user avatar
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1 vote
1 answer
74 views

Not guilty defense nomenclature

A Deputy fired after putting knee on Black man's neck.. The news article reports: A relative of the man was arrested when she tried to intervene, according to the news report. Let us assume that ...
gatorback's user avatar
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1 vote
1 answer
3k views

Is it legal to chase and/or kill someone stealing from you and under what circumstances?

I read a 9gag post https://9gag.com/gag/agg5vog?fbclid=IwAR2W7lreLR1v1_aigUTliHTlXIQGt1UteyRPKzuAcmCkCiJToxScsTFLFRU Most comments are like, the thief got what it deserves. The law may not agree. In ...
obfuscated's user avatar
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4 votes
2 answers
1k views

What right of self defence do you have against a police dog?

It is in the news that an Uber driver was mauled by a police dog despite not initiating violence or attempting to avoid arrest. He has suffered life changing injuries. It seems the self defense ...
User65535's user avatar
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0 votes
1 answer
308 views

Can a booby trap be used to stop an active shooter?

I am wondering if it is legal to set up a booby trap to stop an active shooter. For example, say that there is an active shooter inside a factory and a worker there places something heavy like an ...
user57467's user avatar
  • 1,543
3 votes
1 answer
531 views

In France, what are the legal implications of using a shooting sport firearm for self-defense at home?

As some of you may be aware, when you subscribe to the French Shooting Federation to shoot for sport and do the required legal paperwork, you can acquire a firearm for the sole purpose of practicing ...
Clockwork's user avatar
  • 377
1 vote
3 answers
191 views

Ahmaud Arbery trial - what if they had witnessed him commit a crime?

In the Ahmaud Arbery trial, they tried to do a citizens arrest on him when they had no proof he had committed any crime. So, they couldn't claim self defense. This is logical. But what if they had ...
Rohit Pandey's user avatar
1 vote
1 answer
303 views

Is Kyle Rittenhouse "out of the woods" or could he face Federal charges?

Kyle Rittenhouse has been found not guilty of Wisconsin state criminal charges. Is there any federal law that he violated?
gatorback's user avatar
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2 votes
2 answers
354 views

When gun used to kill in self defense and the gun is taken as evidence, can you get it back?

Scenario: John Doe uses a gun to kill a criminal in self defense. That gun, the one used, is taken as evidence by law enforcement so it can be investigated and/or used trial or for whatever reasons ...
veezy_101's user avatar
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3 votes
2 answers
429 views

Is mutual self defense a thing? [duplicate]

Given very similar facts to the Rittenhouse case, but where the other guy shoots first, could that guy as a defendant claim self defense and win? Imagine two sides in a conflict which hasn’t resulted ...
jqning's user avatar
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9 votes
1 answer
240 views

How long does provocation remain relevant in physical crimes?

In the Rittenhouse case, the prosecution ended up going with "provocation" as being at the core of their argument as to why they believe Rittenhouse "provoked" Rosenbaum into ...
Rstew's user avatar
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6 votes
1 answer
240 views

Cases where both parties acted in self-defence (legally)?

I'm very interested in exploring potential cases where two opposing parties were potentially/actually charged with assault, but both were found to be acting in self-defence. (Obviously there are ...
Gregory Currie's user avatar
0 votes
1 answer
206 views

What standard of evidence must be met for afffirmative defenses, and for exceptions to affirmative defenses?

In the ongoing Rittenhouse trial, my understanding is that the defense is raising an affirmative defense of self-defense (i.e., ceding that Rittenhouse killed Rosenbaum and Huber, and attempted to ...
Karl Knechtel's user avatar
5 votes
2 answers
7k views

May I bring weapons and/or defend myself when trespassing for a legal reason?

Let's say I have to trespass for a legal reason, e.g. a court order allows me to retrieve property. Am I allowed to defend myself while trespassing? Can I bring weapons or whatever is needed to defend ...
user avatar
0 votes
1 answer
233 views

Can a person doing criminal activity claim self defense if the criminal activity has nothing to do with why he is attacked? [duplicate]

Basically what Kyle Rittenhouse did is clearly self defense. However, he is carrying a gun against the law. So he cannot claim self defense. Is this true? The reason I ask is I thought that the ...
obfuscated's user avatar
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