Essay about An Argument Against The Attack Defense

881 Words Aug 25th, 2016 4 Pages
The deadly-force defense in a self-defense claim used to justify that a reasonable amount of force is necessary against another individual when that threat is deadly or may cause serious bodily harm often found in assault, battery, and homicide cases. Lisa M. Strom, 120, (2012). In other words, deadly force is a legal action taken that could potentially kill the other person who unlawfully enters a home, attempted murder, or felony action against oneself or another. Nonetheless, there are four elements in order to use self-defense related to the circumstances by proving the attack was unprovoked, injury or death was imminent, the amount of force was reasonable, and it is reasonably objective for the individual to fear for their life or serious injury. id. Of course, a perfect defense allows the defendant to be acquitted of all charges, or that of an imperfect defense resulting in reduced charges as it applies to the circumstances involved. id. Therefore, to remove criminal liability, deadly force is a justification defense under the notion of socials values that a victim should be provided with the opportunity to use a proportional amount of force in violent situations to protect themselves from serious harm. Nevertheless, an individual claiming deadly force, cannot use this defense if the attacker uses a non-deadly force resulting in the respondent using an excessive nature of force under the circumstances. id. For example, if Joe (an unarmed man) kicks Harry out of anger…

Related Documents