Constitutional Law

Interesting article on self defense

Right here, in pdf. Author raises the point that the present test for self defense (did the defender reasonably believe he was in danger or lethal danger?) misses much of true self defense. I.e., when the defender is attacked by surprise and reacts by reflex, not really having a belief about anything. Courts generally treat that as self defense anyway, but the author suggests we ought to modify the doctrine to fit. He also notes that German law is more liberal toward self-defense; a person under criminal attack is not required to use only a reasonable amount of force, but rather is allowed to use force unless it is grossly disproportionate to the attack.

Full post as published by Of Arms and the Law on November 13, 2008 (boomark / email).