Self-Defense is one of the most controversial of all the possible law problems mostly because it is usually hard to define when it self defense and when not. In Canada self-defense is defined in the Canadian Criminal Code. In the common law tradition self-defense is the right for civilians acting on their own behalf to engage in violence for the sake of defending one's own life or the lives of others. It can include the use of deadly force in some countries, but in Canada it must be not intended to cause death or grievous bodily harm, except for situations when it is caused under reasonable apprehension of death or grievous bodily harm from the violence with which the assault was originally made or with which the assailant pursues his purposes and if the assaulted person believes that he or she cannot otherwise preserve himself from death or grievous bodily harm. Mostly self-defense must be limited to the so called reasonable force and defining the reasonable force for a situation is … [Read more...] about Self-Defense Law in Canada
Ca self defense laws
By Ron Sokol | [email protected] | Daily BreezePUBLISHED: March 7, 2017 at 9:08 pm | UPDATED: September 6, 2017 at 4:34 am Q We were walking from dinner when we were accosted by someone who looked like he had a weapon and demanded our wallets. It was very scary. We quickly gave him some money, and he left running. If I had a gun legally at that time, and shot him, would I be prosecuted or would that be considered self-defense? — G.W., Gardena A To present a successful self-defense argument, these criteria must be met: • You reasonably believed you were in imminent danger of suffering bodily injury, or of being touched unlawfully. • You reasonably believed that the immediate use of force was necessary to defend against the danger. • You utilized no more force than was reasonably necessary. The nature and extent of the threat are paramount, not just that you were threatened. For example, were you actually in imminent danger, such that you had to act right then and … [Read more...] about What is the criteria for proving self-defense?
The Castle Law is one of the most interesting Self-Defense laws that exists in the United States but is largely derived from the English Common Law. The original Book 4, Chapter 16 of William Black... In various states the law has different limitations for instances in which the Castle Doctrine can be used, and what degree of retreat or non-deadly resistance (if any) is required before the usage of deadly force. At first the occupants of the house must be in the house legally. If the occupants of the house are fugitives or are using the Doctrine to assist fugitives their actions are not justified by the doctrine. Generally the doctrine can be used against a person who is trying (or tried) to unlawfully and/or forcibly enter the Castle (home, business or car). Police officers can enter the house only after a valid warrant was presented to the owner, in other cases it is illegal. That’s why in most of … [Read more...] about The Castle Law
On Fox and Friends this morning, we heard from a California pastor who's facing a murder charge after a fight at a Las Vegas sports bar one year ago. Robert Cox, of Manteca, California, claims he was defending himself and others after being attacked by another man, and says witnesses back up his defense. Woman Charged in Fiance's Death Learns GM Defect May Have Caused Crash Here's more background from FOX 40 in Sacramento: Cox and several members of his youth group were talking in the parking lot after dinner at the Four Kegs, a Vegas sports pub. According to Kelli Lane, who was there, Link Ellingson abruptly approached them around midnight. “He said, ‘Hey girl friend, you want to ‘F’ with me?’ And Rob was immediately like, ‘Oh my gosh, no,’ backed up, ‘I have kids here,’ said no. And the man said, ‘Well I’m coming to ‘F’ with you.’” That’s when the group says Ellingson started punching … [Read more...] about CA Pastor Claims Self-Defense, Faces Murder Trial After Fatal Bar Fight