Self-defense And The Law

Self-defense is the act of defending oneself or another person from physical harm of another individual

. The law is never 100% clear on what sort of defensive methods are allowed for a certain situation and thus we are left with many different opinions and factors when it comes to self-defense and the views that different states have on it. Generally we are forced to ask ourselves the following questions: who is using, how are they using it and for what reason are they using it?

It seems like a paradox that we are forced to use violence in order to prevent violence, but this is often the case. However, we are seldom reminded that the force we are using must be reasonable and it must be used in a responsible way. If you provoke a fight in the bar and then cause harm to an individual you may not be able to fully call of self-defense if witnesses account that your actions had led to the incident in the first place. On the other hand, if someone were to approach you with a gun and demand your money and you wrestled that gun away and shot them during the struggle, you would hardly be held accountable for these actions. Similarly to this, if you shot them if their own weapon after they had surrendered you would not be able to call on self-defense as your use of force would probably not be justified.

Weapons and devices for defense

You should always bring pepper spray or a stun gun with you if these devices are legal in your state. These items provide you with personal protection and if they are legal, then they will only help justify your case since they will be viewed on as reasonable force since they are not lethal nor do they leave any harmful consequences. However, you will still have to study you states laws very closely in order to avoid any loopholes. For example, some states will say that it is fine to use pepper spray on an individual who approaches you at a dark parking lot and starts asking you questions that seem threatening and ominous even though you asked them to step away. Other states might find it illegal to use the device on them until they actually make a move towards you.

Sometimes self-defense is not justified

If you get kicked out of a nightclub by a group of bouncers you probably have no right to use self-defense or any defensive items on them. Generally, just being polite and saying you will leave on your own should help you avoid any discomfort. If they do use any excessive force and you have ways of proving it, then you can engage them in a legal battle, but certainly not a physical one. You are also not permitted to use self-defense on police officers who are just doing their duty and your argument with the law should be done via court. A lot of people are concerned with police brutality and often defending yourself from pure masochism will get you into prison because it will most likely be your word against the officers testimony. This is why it is probably best to avoid any form of conflict, especially with an individual who is armed.

by: Jim Wilkinson

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