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.

Filter by
Sorted by
Tagged with
0 votes
2 answers
177 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 ...
user avatar
1 vote
0 answers
64 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 ...
user avatar
  • 11
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 ...
user avatar
  • 137
0 votes
1 answer
80 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?"
user avatar
  • 693
1 vote
1 answer
76 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 ...
user avatar
  • 251
4 votes
3 answers
254 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 ...
user avatar
  • 41
1 vote
2 answers
162 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 ...
user avatar
  • 373
1 vote
1 answer
67 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 ...
user avatar
  • 5,296
0 votes
1 answer
122 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 ...
user avatar
4 votes
2 answers
311 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 ...
user avatar
  • 1,281
0 votes
1 answer
126 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 ...
user avatar
  • 389
1 vote
1 answer
98 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 ...
user avatar
  • 245
0 votes
0 answers
93 views

When can one come to the defense of an aggressor?

Person A witnesses Person B starting an assault on Person C. Person C defends themself, effectively. Assuming that Person B never "backs down," attempts to surrender, or to flee, at what ...
user avatar
  • 1
1 vote
3 answers
165 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 ...
user avatar
0 votes
1 answer
201 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?
user avatar
  • 5,296
3 votes
2 answers
254 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 ...
user avatar
  • 339
4 votes
2 answers
231 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 ...
user avatar
  • 8,272
8 votes
1 answer
179 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 ...
user avatar
  • 910
4 votes
1 answer
151 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 ...
user avatar
0 votes
1 answer
72 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 ...
user avatar
4 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
185 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 ...
user avatar
0 votes
1 answer
134 views

Gun combat with mutual intent to hit/kill offers unimpeachable self-defense defense?

I'm curious what explains a number of decisions to abandon all prosecutions in mass gunfights in the USA, e.g. Waco 2015. While "mutual combat" has been sometimes used to describe these ...
user avatar
  • 2,694
3 votes
1 answer
212 views

Carrying pepper spray while hiking illegal in Japan?

I'm hiking a lot in Japan. Japan has, next to other animals, lots of black (everywhere) and brown bears (in the north). Needless to say, I'd like to protect myself. Pepper sprays have been proven to ...
user avatar
  • 172
6 votes
3 answers
2k views

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 ...
user avatar
  • 5,296
2 votes
1 answer
160 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? ...
user avatar
  • 21
0 votes
1 answer
155 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 ...
user avatar
  • 4,784
1 vote
1 answer
90 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 ...
user avatar
  • 519
3 votes
2 answers
156 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 ...
user avatar
  • 2,372
3 votes
1 answer
110 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 ...
user avatar
  • 3,211
0 votes
1 answer
76 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 ...
user avatar
  • 763
5 votes
1 answer
234 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 ...
user avatar
  • 179
37 votes
5 answers
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) ...
user avatar
  • 519
5 votes
1 answer
604 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 ...
user avatar
1 vote
1 answer
231 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 ...
user avatar
  • 13.1k
1 vote
2 answers
167 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 ...
user avatar
1 vote
1 answer
337 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 ...
user avatar
  • 113
2 votes
1 answer
124 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 ...
user avatar
0 votes
1 answer
162 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 ...
user avatar
  • 169
13 votes
4 answers
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 ...
user avatar
  • 837
15 votes
3 answers
7k 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 ...
user avatar
-3 votes
1 answer
89 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. ...
user avatar
  • 1,855
1 vote
3 answers
266 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 ...
user avatar
  • 121
0 votes
1 answer
91 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 ...
user avatar
  • 1
11 votes
2 answers
722 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 ...
user avatar
  • 163
-1 votes
2 answers
484 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: similar to a "place of nuisance" in the ...
user avatar
  • 5,296
10 votes
2 answers
4k 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 ...
user avatar
  • 1,225
-3 votes
1 answer
227 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 ...
user avatar
  • 113
2 votes
2 answers
381 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 ...
user avatar
1 vote
2 answers
91 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 ...
user avatar
  • 195