Self-defense (United States)

In the United States, self-defense is an active defense and is used to justify exercising force against others under certain circumstances. [1]

In the United States, the general rule is "People have the privilege of using such power and it seems necessary to protect themselves from the obvious threat of illegal and immediate violence from others" It is like that. One must reasonably believe that it is necessary to exercise force in order to prevent impending illegal physical harm. [3] When using fatal forces involves self-defense claims, they do not reasonably believe that they immediately use their deadly forces to prevent opponents from causing fatal harm or death There is no doubt. [4] In most states, you do not have to retreat before using lethal power. In some jurisdictions that need to retreat, there is no obligation to retreat in a dangerous situation or when a person lives in their home. [Five]

People who are the first invaders can not ask for self-defense as a reason unless they give up fighting or the other side does not react with excessive power. When an aggressor gives up a fight, they usually have to try to hand over abandonment to the other party. [7]

In the past, people were able to demand self defense against illegal arrests, but the modern trend is to get rid of this rule. [8] In most jurisdictions that allow boycotting of illegal arrests, the state requires illegal arrest with excessive power. [9] In the case of the US Supreme Court, Bad Elk vs. the United States [10], after being sentenced to murder a police officer attempting illegal arrest, a illegal Sioux police officer received a new trial It represents an old view. The man was not instructed to commit a mild crime like a massacre in the first trial

I mistakenly believe that there is a reason to use a fatal force to protect one's own but if the law does not have justifiable reasons, the convictions of murder may be shrinked to murder Hmm. [11]

Most US jurisdictions do not comply with common law rules. In other words, one must retreat before using fatal force. [12] However, whether that person retreats may be related to the rationality of using deadly power. [13] According to customary laws and some state rules, the actor shall: 1) be withdrawn risky, or 2) before the exercise of deadly force, unless the incident occurs at the actor's home You have to instruct them to retreat. In addition, model criminal law requires withdrawal or compliance if it can be completely safely completed. [15]

A writer and firearm instructor, Jorge Amser, claims that self-defense in the United States requires "keeping its own laws". These laws stipulate that the use of weapons for self defense and defense of personal property will result in effective legal defense in this case. In contrast, professor and author James Beckman thinks that "defending your legislation" is out of place in modern society. In addition, Beckman believes that these laws encourage individuals to choose to expand the potential violence rather than spread the situation.

The law of standing is beginning to change the US self-defense calculation method. The idea behind it is "to extend the justified reasons to protect ourselves with fatal weapons, thereby lowering the anticipated cost by using deadly force, and to commit violent crimes Increase expected cost ". Texas A & M Research. This is the time when the law hiding the gun is expanding, which means that the success or failure of the positioning method depends on whether or not the firearm produces a net social benefit, Professor Brannon Tannin said. The author of Sanford University of Birmingham, Alabama, and "Firearm Management and Gun Right: Readers and Guides".

Only 0.03% of 300 million firearms on the street in the US are used for self defense every year. There are 200 to 250 reasonable murders each year in the self-defense strategy, but more than 35,000 people are shot each year, about 120 thousand people are shot, attacked, committed suicide, attempted suicide, police encounter, accident I have received it. This means that the most generous estimate means that the number of homicides using guns involved in illegal activities is 156 times more than in self defense.