When Is Self-Defense Justified?



A SUDDEN noise awakens you in the middle of the night. You hear footsteps. Someone has broken into your home. With your heart beating like a hammer in your chest, you fearfully wonder what you should do next.

This is a situation that anyone could face. Crime​—even violent crime—​is no longer limited to certain countries or big cities. In the resultant climate of fear, many people seek protection by purchasing weapons or learning martial arts. Some governments have enacted laws that give citizens the right to use deadly force to defend themselves.Is a person ever justified in using force to defend himself or his family?

What is self-defense?

According to Wikipedia Self-defense (self-defence in many varieties of English) is a countermeasure that involves defending the health and well-being of oneself from harm.The use of the right of self-defense  as a legal justification for the use of force in times of danger is available in many jurisdictions, but the interpretation varies widely. It is also the use of force is justified when a person reasonably believes that it is necessary for the defense of oneself or another against the immediate use of unlawful force. However, a person must use no more force than appears reasonably necessary in the circumstances.

However force likely to cause death or great bodily harm is justified in self-defense only if a person reasonably believes that such force is necessary to prevent death or great bodily harm.

Avoid Violence
It is wise for individuals to avoid potential conflicts by pursuing peace every day. Violent struggles often begin with a heated exchange of words. One book of wisdom states 
“Where there is no wood the fire goes out, and where there is no slanderer contention grows still.”Calmness often defuses anger and deflects violent confrontation.

When You Are Threatened 
Pursuing peace does not guarantee that you will never face violent attack. As to the extent of the right: First, when threatened violence exists, it is the duty of the person threatened to use all prudent and precautionary measures to prevent the attack; for example, if by closing a door which was usually left open, one could prevent an attack, it would be prudent, and perhaps the law might require, that it should be closed in order to preserve the peace, and the aggressor might in such case be held to bail for his good behaviour. Secondly, if after having taken such proper precautions, a party should be assailed, he may undoubtedly repel force by force, but in most instances cannot, under the pretext that he has been attacked, use force enough to kill the assailant or hurt him after he has secured himself from danger; such as if a person unarmed enters a house to commit a larceny, while there he does not threaten any one, nor does any act which manifests an intention to hurt any one, and there are a number of persons present who may easily secure him, no one will be justifiable to do him any injury, much less to kill him; he ought to be secured and delivered to the public authorities. Thus this indicates that a person may defend himself or his family if physically assaulted. He may ward off blows, restrain the attacker, or even strike a blow to stun or incapacitate him. The intention would be to neutralize the aggression or stop the attack. This being the case, if the aggressor was seriously harmed or killed in such a situation, his death would be accidental and not deliberate.

The Best Protection 
Clearly, there are circumstances under which reasonable self-defense is justified. People have a right to protect themselves and their loved ones from aggression and deadly harm. When escape is not possible, there is no legal injunction against reasonably defending ourselves. Still, the course of wisdom would be to do our best to avoid situations with a potential for violence because this is a practical formula that really contributes to peaceful living.

Comments