Right of Private Defence

The law states that everyone has the right to live without interference from others and should not be unlawfully restrained.

A well regulated Militia, composed of the body of the people trained to arms, is the proper, natural, and safe defense of a free state

‘Except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger’

Section 8 everyone has the right to be secured against unreasonable search and seizure (Class Lecture, 2013).

Considering the stable condition of the US military and the homeland security systems, the country has the most advanced security system that assures citizens of their safety. Regardless, there exists no need for such extreme measures such as civilians being in possession of assault rifles as a strategy to self-defense. If necessary, cases of self-defense on the part of civilians are well handled by ownership of merely concealed pistols that from records are efficient in subduing any intruder while waiting for law enforcement back up. From self-defense and securing property, civilians’ reluctance to support the gun laws on such high caliber weapons has been underwhelming. Their standpoint has been in possession of such assault weapons. The same standpoints have been the cause for such raging debates on the support or disregard of the government proposition to have the assault guns banned from civilians possession (Miller 533).

In America, the average amount of people shot per year is 100,000; over ten thousand defenseless people are murdered. The Second Amendment’s proclamation that “A well-regulated Militia, being necessary to the security of a Free State, the right of the people to keep and bear Arms, shall not be infringed” has been an extensive topic of debate. Moreover, the amendment has been one of many debates over the several years throughout America. The discussion of gun control is often debated as to whether or not it is morally right to legally bypass the Second Amendment to avoid unlawful uses of arms. The Second Amendment allows citizens to carry firearms specifically for protection, gun control hinders that right and places civilians’ lives in danger. In short, the U.S. government’s intrusive restrictions on gun laws prevent law-abiding citizens from defending themselves with firearms.

In recent years, the self-defense doctrine in several jurisdictions has been changing. Some jurisdictions have started using “stand your ground” laws, which change the traditional requirement that the person being attacked must “retreat to the wall” before using any kind of force. Proponents’ arguments include that the law merely codifies an individual’s deep-rooted right to defend oneself. Opponents’ arguments include that the law creates a “license to kill” and has negative racial implications.

Question 4 - Assess the use of the defence of provocation in achieving justice for victims, offenders and society. (10 marks)

"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense."

The Right of the people to be secure in their persons, houses, papers, and effects, against

No person . . . shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

The paramount function of the rights granted under the Second Amendment is the ability for citizens to protect themselves from violent or intrusive attacks. Millions of Americans own a firearm for defensive purposes, most commonly to protect against an intruder. In fact, four to six percent of gun owners reported using a gun for self defense within the last five years (Sowell). Not only is the use of firearms for self-defense common, but it is also highly effective. Crime victims who

There are many challenges that law enforcement agencies faces when it comes to enforcing public safety at the same time protect the rights of individuals. This paper will focus on several key topics involving the relationship between public safety and individual rights. The first topic is the statutory authority and responsibilities of government officials, security personnel, and private citizens. The next topic involves the practices or laws relating to search, seizures, and surveillance by police, corrections, private citizens, and security personnel. This paper will also compare the laws relating to the use of

With Article 6, a person is guaranteed to the right to a fair and public hearing in the determination of an individual’s civil rights and obligations or of any criminal charge against him. The ECtHR in case laws has broadly

The Supreme Court case, R v Vollmer[8], states that the appellant was convicted of murdering his de facto partner – where evidence as to the deceased’s past violent history in a previous relationship was available at the time of trial but not relied on by defence counsel – where there was no evidence led at trial or on appeal of a history of violence between the appellant and the deceased – where the appellant sought to rely on the defences of self-defence and provocation at trial under sections 271(2), 304 and 668E(1)[9]. Where the cases R v Hajistassi[10], R v Mogg[11] and Re Knowles[12] were applied as precedent to the final decision of the case.