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Self Defense And The Law 5 Reasonableness

The elements of a successful defense claim are, innocence, imminence, proportionality, avoidance and finally, reasonableness.  Literally everything you do during a self-defense incident must be considered “reasonable” by law enforcement and the court if it goes that far.  The jury will use a “theoretical” reasonable person in which to compare you.  I believe this comparison […]

Self Defense Law 4: Avoidance

Thus far we have covered three of the five elements of self-defense;  Innocence, Imminence and Proportionality.  This article is about a 4th element known as “Avoidance.”  It is really common sense to a degree, it makes sense to avoid shooting an aggressor, or risk getting shot if you can avoid the confrontation and call the […]

Equality of Force

We have learned two of the elements of self defense claims are innocence and imminence.  Another element is called “proportionality.”  Proportionality simply defined says you cannot use greater force than your assailant uses. Meaning; you cannot use deadly force to defend yourself against a non-deadly threat.  The problem with proportionality is the dynamics of the […]

Self Defense & The Law # 2

In order for you to have a justifiable “self defense” claim, one of the five elements required is “imminence.“ This means the threat is immediate, so pressing you have no time to call for help.  The threat is timed so a reasonable man or woman would employ an instant defense.  Any hesitation could result in […]

Self Defence and The Law

Self Defense and the Law Here is the scene.  You are returning to your car after shopping.  Suddenly a stranger steps into your path and demands your wallet.  He is pointing a gun at you and appears to have every intention to use it if you do not comply.  Naturally, you do not wish to […]

“Justice In The Courtroom”

I think it is fair to say most of us would like to believe justice will prevail in a criminal courtroom procedure.  And yet, many if not most of us have our doubts about the verdicts of certain high profile cases.  As history has shown us, there are “technicalities” and “loopholes” which may result in […]

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