Self-defense is a possible
justification for breaking the
law.
Defendants who use this
defense are arguing that they should not be held
liable for a
crime, since the
actions taken were intended to protect the defendant from danger. Self-defense refers to the use of
violence to protect oneself; this forms the basis for many of the
martial arts. Self-defense is generally understood to have two
degrees:
reasonable force (or
non-lethal force) and
deadly force.
Courts generally find that the violence a defendant uses, in self-defense, must in some fashion be comparable to the threat faced; such that deadly force should only be used in situations of "extreme" danger. Many courts have ruled that a "
path of retreat" exists, and that self-defense is only acceptable, as a legal defense, when there was insufficient opportunity for the defendant to flee; however, in defense of property, the "
castle exception" (see:
Edward Coke) argues that one cannot be expected to retreat from one's own home. Courts tend to rule against the
right of an individual to "
preemptively[?]" engage in self-defense; for example, victims of
domestic violence are generally not considered justified in
murdering an individual whom they believe will
someday attack with lethal force.
See also:
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