NewsVine_Mariyam
Platinum Member
I honestly don't understand how so many people who apparently carry weapons are unable to understand that if you point a gun at someone and they respond to this act with violence, particularly non-deadly violence, then you are unable to claim lawfully self-defense.
In other words, you cannot antagonize someone or draw them into taking a swing at you so that you can shoot them and then turn around and claim self-defense even though we see this being allowed over and over again.
There are currently two cases being tried in which the defendant is claiming self-defense. In the Rittenhouse case, he shouldn't have been armed in the first place due to his age, while in the case of the McMichaels they didn't just initiate the confrontation that led to the shooting, they chased Arbery according to the prosecution for 5 minutes before finally cornering him "like a rat" according to one of the defendants.
[snipped]
"Ascertain the four elements required for self-defense.
To successfully claim self-defense, the defendant must prove four elements. First, with exceptions, the defendant must prove that he or she was confronted with an unprovoked attack. Second, the defendant must prove that the threat of injury or death was imminent. Third, the defendant must prove that the degree of force used in self-defense was objectively reasonable under the circumstances. Fourth, the defendant must prove that he or she had an objectively reasonable fear that he or she was going to be injured or killed unless he or she used self-defense. The Model Penal Code defines self-defense in § 3.04(1) as “justifiable when the actor believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force by such other person on the present occasion.”
Entire article here: 5.2 Self-Defense | Criminal Law
In other words, you cannot antagonize someone or draw them into taking a swing at you so that you can shoot them and then turn around and claim self-defense even though we see this being allowed over and over again.
There are currently two cases being tried in which the defendant is claiming self-defense. In the Rittenhouse case, he shouldn't have been armed in the first place due to his age, while in the case of the McMichaels they didn't just initiate the confrontation that led to the shooting, they chased Arbery according to the prosecution for 5 minutes before finally cornering him "like a rat" according to one of the defendants.
[snipped]
"Ascertain the four elements required for self-defense.
To successfully claim self-defense, the defendant must prove four elements. First, with exceptions, the defendant must prove that he or she was confronted with an unprovoked attack. Second, the defendant must prove that the threat of injury or death was imminent. Third, the defendant must prove that the degree of force used in self-defense was objectively reasonable under the circumstances. Fourth, the defendant must prove that he or she had an objectively reasonable fear that he or she was going to be injured or killed unless he or she used self-defense. The Model Penal Code defines self-defense in § 3.04(1) as “justifiable when the actor believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force by such other person on the present occasion.”
Provocation
In general, if the defendant initiates an attack against another, the defendant cannot claim self-defense (State v. Williams, 2010). This rule has two exceptions. The defendant can be the initial aggressor and still raise a self-defense claim if the attacked individual responds with excessive force under the circumstances, or if the defendant withdraws from the attack and the attacked individual persists.Excessive Force Exception
In some jurisdictions, an individual cannot respond to the defendant’s attack using excessive force under the circumstances (State v. Belgard, 2010). For example, an individual cannot use deadly force when the defendant initiates an attack using nondeadly force"Entire article here: 5.2 Self-Defense | Criminal Law
