Self-Defense and Lethal Force
Can a person use lethal force, in self-defense? That is a question that does not have a simple answer. However, in order to give you at least some information the following article contains information based on the general instructions given to a jury during a criminal case where self-defense has been claimed.
This article illustrates, only, the general rules in relation to the use of lethal force in self-defense. Please note, if you have further questions or feel something is unclear please get in touch with a lawyer who can more clearly give you an answer to your questions.
When is it permissible to use lethal force?
In order to determine if the killing a person is justifiable there are several factors that must be considered:
- First, if the person who was killed intended to commit a life-threatening and foreseeable crime;
- Second, if there was imminent danger of such a crime being accomplished;
- Third, if the person who killed someone did so because they felt that such force was necessary to save another or him/her self from death or forcible and life-threatening crime;
If the reason the person killed another fits the three criteria given above then the use of lethal force in self-defense would be justifiable. Part of what is also required is that it is deemed that a reasonable person a similar or same situation would have acted in the same manner.
Let’s also define what a forcible and life-threatening crime is: robbery, rape, murder and mayhem are all examples of forcible and life-threatening crimes.
What, if any are the limitations of lethal force, when it comes to self-defense?
It is important to understand that there is a very definite line that can be crossed when it comes to using lethal force in self-defense. Once the attacker is no longer able to inflict further injury the person defending themselves must stop because the law of self-defense no longer applies. Should a person use more excessive force than necessary to stop the assailant the result could end with criminal or civil penalties.
Another important element to keep in mind is that the right of self-defense is not readily available to a person who assaults another. However, if a person clearly states his or her desire for peace, and ends to the fight, yet the opponent continues to be aggressive and fight then the right of self-defense is now given to the person began the assault the first place.
It is unfortunate that we have to even think about the possibility of having to protect ourselves at some point in our lives. It is also alarming that we have to think about, should someone come into our home that we have to be careful about using excessive force. However, the laws in place for using lethal force with regards to self-defense are there to make sure that everyone’s right are addressed and to hopefully prevent accidental injuries or death.