Self-Defense Legislation

2370 WordsJul 11, 201810 Pages
Self-defense is the right for an individual to use necessary force in order to defend oneself against an unlawful force of another. Therefore, an act that is typically depicted as a crime is not punishable under these circumstances. Joycelyn M. Pollock (2013) pointed out that, “the right to protect oneself, one’s family, and one’s “castle” is a time-honored right that existed before the common law and was recognized by it” (P.101). Under common law, a criminal charge depended upon a showing that the defendant believed force was necessary in order for self protection, upon reasonable grounds, the threat was forthcoming, and the force was not excessively used (Pollock, 2013, 102). Today, self-defense elements are different in each state.…show more content…
Correspondingly, in some statues an agency cannot arrest an individual for the use of force unless the force used was determined unlawful. Therefore, the “Stand your Ground” laws have thoroughly extended self-defense rights. Some states contain “Make My Day” laws, which allow the use of deadly force for the protection of property when an individual believes that force is necessary to prevent a criminal felony (Pollock, 2013, 106). An individual is also allowed to use reasonable force even if the user does not feel an immediate threat but reasonably believes a crime will occur. Originally, case law prohibited the use of weapons due to the possibility of hurting innocent individuals such as a police officer trying to legally enter the premises. Nevertheless, “Stand your Ground” laws have allowed the use of deadly force in order to protect against all possible felonies. The extension and initiation of various self-defense laws have caused nationwide controversy. Advocates state that law-abiding individuals should be allowed to protect themselves unlawful force without the possibility of being criminally or civilly charged. Correspondingly, the Second Amendment to the United States Constitution grants the federal right to bear arms regardless of militia stature and upholds the natural rights of self-defense. Likewise, legislators argue that individuals visiting or residing in the United States contain the right to remain secure in
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