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
…show more content…
id. For example, if Joe (an unarmed man) kicks Harry out of anger at the local bar and Harry grabs a gun and shoots Joe in the face killing him, it is not justifiable because Harry used excessive force. Also, under circumstances where an individual initiates an attack, and if the individual clearly backs down, the other respondent cannot use excessive force as a justifiable means to pursue the use of deadly force.id. However, if the attack in an imminent threat and the person reasonably fears for their life, deadly force may be pursued. An imminent attack would be if Joe walked into a bar and pulls a gun on Harry and the surrounding customers in an unprovoked attacked telling them he is going to kill them. Harry pulls out a weapon and shoots Joe to protect himself and others; thereby, allowing Harry to use the deadly-force defense. Imminence means the attack is an immediate response that occurred without past or future time lapse that would allow law enforcement intervention to prevent the incident. id. at …show more content…
at 122. For example, a male attacks a young woman walking through the park and tears off her clothing in an attempt to rape her and she picks up a rock and hits her attacker over the head killing him. The circumstances involved in this case fit the deadly-force defense. First, the attack was unprovoked because the young woman was walking through the park minding her own business. Second, the attack was imminent without warning or knowledge that the attack was going to occur. Third, the attack is a felony offense causing any reasonable person to fear the attack will cause serious injury or death under the circumstances. Fourth, hitting the man over the head with a rock is a reasonable amount of force necessary to stop the
id. For example, if Joe (an unarmed man) kicks Harry out of anger at the local bar and Harry grabs a gun and shoots Joe in the face killing him, it is not justifiable because Harry used excessive force. Also, under circumstances where an individual initiates an attack, and if the individual clearly backs down, the other respondent cannot use excessive force as a justifiable means to pursue the use of deadly force.id. However, if the attack in an imminent threat and the person reasonably fears for their life, deadly force may be pursued. An imminent attack would be if Joe walked into a bar and pulls a gun on Harry and the surrounding customers in an unprovoked attacked telling them he is going to kill them. Harry pulls out a weapon and shoots Joe to protect himself and others; thereby, allowing Harry to use the deadly-force defense. Imminence means the attack is an immediate response that occurred without past or future time lapse that would allow law enforcement intervention to prevent the incident. id. at …show more content…
at 122. For example, a male attacks a young woman walking through the park and tears off her clothing in an attempt to rape her and she picks up a rock and hits her attacker over the head killing him. The circumstances involved in this case fit the deadly-force defense. First, the attack was unprovoked because the young woman was walking through the park minding her own business. Second, the attack was imminent without warning or knowledge that the attack was going to occur. Third, the attack is a felony offense causing any reasonable person to fear the attack will cause serious injury or death under the circumstances. Fourth, hitting the man over the head with a rock is a reasonable amount of force necessary to stop the