Self-Defense Legislation

Self-defense is an individual's right to use the power needed to protect you from the use of illegal power by others. Therefore, in this case, the behavior usually described as a crime is not punished. Joycelyn M. Pollock (2013) noted that "protecting yourself, your family and your castle" is a long-standing right that exists before customary law and is recognized by customary law . According to common law, criminal charges depend on the fact that defendants believe that the force is necessary to protect themselves from reasonable reasons, the threat is imminent, and that there is no use of excessive force (Pollock, 2013, 102).

The self-defense law of modern law is based on the principle of Roman law, and the attack against family and its property is a personal attack on the family. In Leviathan (1651), Hobbes believes that some people may be stronger or smarter than others, but I believe that I can not overcome the fear of violent death. Highest need In a 1918 political speech, Max Weber said that professional politics defined the country as authority and claimed to monopolize legitimate use of force within the prescribed territory. Modern liberalism characterizes most laws as infringement of the characteristics of individual autonomy, especially belief that self-defense (including violence) is fundamental human rights. In this regard, please note that Article 12 "Universal Declaration of Human Rights" states as follows.

In general, the United States recognizes that in order to avoid criminal liability for certain acts of violence, we must defend "self defense". However, self defense is not constitutionally or guaranteed by federal government, each country can freely define the outline of legal principle through law and customary law. Self-defense privileges are based on their reasonable beliefs rather than objective reality. Therefore, even if you believe that such beliefs may be wrong objectively, if you believe in subjectivity that such power is necessary to eliminate 'imminent illegal attacks', he There are reasons to use power to protect yourself. In the case of the "rational person" criterion rather than the "rational person" criteria, the court is increasingly adopting the "rational person" criteria. And the behavior that the attacker actually did

If the criminal defendant 's response does not meet reasonable human standards, but the defendant is actually afraid of the threat of harm, this is called incomplete self - defense. Defective self-defense does not completely defend the alleged crime, but many states allow it to defend it, argue against the accused or potential punishment he or she may face Reduce. As an additional factor, self defense and defense against others also requires that the power used is proportional to the threat they face. This is very important in the context of a fatal force. Criminal defendants should not use fatal forces to deal with nonfatal threats. Thus, for example, if the accused faces the threat of being hit during the debate, he can not respond by stabbing other people. It does not constitute self defense