26 Jul 2022

146

Legally Using Deadly Force

Format: APA

Academic level: University

Paper type: Essay (Any Type)

Words: 298

Pages: 1

Downloads: 0

The use of deadly force when acting in self-defense serves as the commonly utilized affirmative defenses. Individuals usually find themselves accused of violent offenses even in the event they believed to be defending themselves, their property, or other people. The law enforcement does not give self-defense due consideration when undertaking their investigations, thus leaving it up to the defendant a well as the defense attorney to prove to the prosecutor, jury, or a judge that the self-defense act was reasonable (Ayoob, 2014) . In this case, defendants can threaten to use or utilize deadly force when they believe that threatening to use or using the force is ideal in hindering imminent death or considerable bodily harm to themselves or other people or hindering an impending commission of a violent wrongdoing. In such cases, it the concept of “stand your ground” becomes applicable. It means that defendants no longer have the duty of running away before utilizing deadly force if there are in places they need to be and not involved in any kind of criminal undertaking (Weber & Coons, 2016) .

For instance, a person might be standing on a sidewalk in a public area and see an individual standing 100 yards away walking toward him holding a knife in a threatening manner. In such a situation, the person does not have the duty of retreating and leaving the area. Therefore, it would be legal for the defendant to stand his ground and utilize deadly force with the goal of preventing the other individual from killing him or result to any form of bodily harm. However, in the event that the defendant engages in a fistfight with the person before they pull out their knife and the defendant pulls out a gun and shoots the individual before he stabs him, the jury would find that the defendant engaged in a criminal act hence no justification for using deadly force.

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References

Ayoob, M. (2014). Deadly force - Understanding your right to self defense. New York: F+W Media, Inc.

Weber, M., & Coons, C. (2016). The ethics of self-defense. Oxford: Oxford University Press.

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StudyBounty. (2023, September 16). Legally Using Deadly Force.
https://studybounty.com/legally-using-deadly-force-essay

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