Self-Defense: Protections Of The Second And The Fourteenth Amendments
Self-Defense
Delores Frimml
Kaplan University
Abstract This essay will attempt to clarify when it is legal to defend yourself and when defending yourself becomes criminal behavior. There is some confusion on this subject. The United States Court of Appeals, Second Circuit addressed this issue in the case United States v. Thomas. The defendant stated he shot and killed a man in self-defense while attempting to rob him so therefore in the defendant’s mind he cannot be charged with murder. The content of this essay will include discussion on what three elements constitute a criminal act and the protections of the Second and the Fourteenth Amendments. In conclusion, the essay will address the issue of the logic behind the statement …show more content…
The next step is to look at Self-Defense law and the criteria that deem an action as legal self-defense. The simple definition of self-defense law is as follows; “the right of a person to protect oneself with reasonable force against another person who is threatening to inflict force upon one’s person” (Self defense, 2013). The legal definition of self-defense law is more complicated and requires that five principles be satisfied before an act is judged as legal self-defense.
When a defendant is pursuing a self-defense defense there are five elements or principles that must be proven. The burden of the proof is on the defense. The proof and/or evidence is required to be beyond a reasonable doubt to a jury before a self-defense action is labeled as legal self-defense. If the defense cannot prove self-defense beyond a reasonable doubt, the prosecution is not required to disprove the …show more content…
Lawrence’s actions and choices. The danger to Lawrence was imminent and the use of force by the agent and Lawrence were in proportion with each other. Lawrence was not innocent to the situation he chose to take part. In fact, there was testimony in the trial stating that Lawrence’s role in the conspiracy was as a seller of the drugs and was the “muscle” of the group. He was functioning in the capacity of the “muscle” of the group at the time of this incident. According to testimony at the trial Lawrence was behind and outside on the passenger’s side of the car when Agent Howard fired upon the individual sitting in the driver’s seat of the car. Lawrence’s physical location would have provided Lawrence with a safe escape route that Lawrence chose not to take. Lawrence did not attempt in any way to avoid the imminent danger. Last, yet most importantly, the reasonableness principle is not met either. A reasonable and prudent person would not see Agent Howard as the aggressor. Agent Howard did not draw or fire his weapon until he was threatened by the individual sitting in the driver’s seat of the
Delores Frimml
Kaplan University
Abstract This essay will attempt to clarify when it is legal to defend yourself and when defending yourself becomes criminal behavior. There is some confusion on this subject. The United States Court of Appeals, Second Circuit addressed this issue in the case United States v. Thomas. The defendant stated he shot and killed a man in self-defense while attempting to rob him so therefore in the defendant’s mind he cannot be charged with murder. The content of this essay will include discussion on what three elements constitute a criminal act and the protections of the Second and the Fourteenth Amendments. In conclusion, the essay will address the issue of the logic behind the statement …show more content…
The next step is to look at Self-Defense law and the criteria that deem an action as legal self-defense. The simple definition of self-defense law is as follows; “the right of a person to protect oneself with reasonable force against another person who is threatening to inflict force upon one’s person” (Self defense, 2013). The legal definition of self-defense law is more complicated and requires that five principles be satisfied before an act is judged as legal self-defense.
When a defendant is pursuing a self-defense defense there are five elements or principles that must be proven. The burden of the proof is on the defense. The proof and/or evidence is required to be beyond a reasonable doubt to a jury before a self-defense action is labeled as legal self-defense. If the defense cannot prove self-defense beyond a reasonable doubt, the prosecution is not required to disprove the …show more content…
Lawrence’s actions and choices. The danger to Lawrence was imminent and the use of force by the agent and Lawrence were in proportion with each other. Lawrence was not innocent to the situation he chose to take part. In fact, there was testimony in the trial stating that Lawrence’s role in the conspiracy was as a seller of the drugs and was the “muscle” of the group. He was functioning in the capacity of the “muscle” of the group at the time of this incident. According to testimony at the trial Lawrence was behind and outside on the passenger’s side of the car when Agent Howard fired upon the individual sitting in the driver’s seat of the car. Lawrence’s physical location would have provided Lawrence with a safe escape route that Lawrence chose not to take. Lawrence did not attempt in any way to avoid the imminent danger. Last, yet most importantly, the reasonableness principle is not met either. A reasonable and prudent person would not see Agent Howard as the aggressor. Agent Howard did not draw or fire his weapon until he was threatened by the individual sitting in the driver’s seat of the