Constitutional Law

Interesting AZ case on self-defense

Pdf of ruling here. Interesting....

Arizona, by statute, provides that for self defense a person is presumed to have acted reasonably if he acts against a person who has unlawfully or forcefully entered his residence. Here, there was essentially a conflict between two people who knew each other, at the doorway, and the one trying to enter was the one charged with aggravated assault.. Each claimed the other had initiated the conflict. The court holds that the jury should not have been instructed on the presumption, since the legislature meant it to protect homeowners who are charged after defensive acts, to benefit the defense in those situations, and not to benefit the prosecution should it instead allege the person entering had unreasonably used force.

Full post as published by Of Arms and the Law on March 15, 2011 (boomark / email).