The Defense Of Self Defense

Decent Essays

Self-Defense: The self-defense claim has been around for many years and has been categorized in the courts as an excuse or justification. One of the rarely considered premises of the excuse/justification debate is that defenses are naturally unified. (Nourse V F, 2001). Depending on the individual cases self-defense might turn out to be both an excuse and a justification. If this is accurate then the debate on excuses and justifications does not solve the problem of the theory of necessity or imminence. Self-defense is when a defendant states that he or she was confronted by a serious threat of bodily harm or even death, this threat appears to be imminent, and therefore the only action for the defendant at that moment was both necessary and proportionate. There are two factors that do not qualify under the defense of self-defense which are the defendant turned out to be the aggressor or if the defendant failed to retreat from the threat. Self-defense rules that for a defendants actions to be justified there needed to be an “imminent” threat. For many years there has been a disagreement in whether the law has become subjective or that the instructions given to the jurors are objective. Many scholars believe that one problem involving imminent is there being too much time between the threat and the actual killing. The self-defense claim is commonly used for victims of battered women. Many facts for women claiming battered women syndrome do not add up to self-defense

Get Access