Right to self-defense

“ But, it will be objected, the right of self-defense, when ending in homicide, is justifiable only at the moment of the attack, and to ward off a sudden aggression itself threatening murder; but the deed once committed and the criminal in the hands of the law, there is no reason to fear a new aggression from him, and his chances of escape from justice through evasion are too few to justify the violation of a duty so absolute as the respect for human life. ”

“ While the President's constitutional determination alone is sufficient to justify the nation's resort to self-defense, it also bears noting that the right to self-defense is further recognized under international law. ”

“ If a person, under the provocation of offensive language, assaults the speaker personally, but in such a way as to show that there is no intention to do him serious bodily harm, and then retires under such circumstances as show that he does not intend to do anything more, but in good faith withdraws from further contest, his right of self-defense is restored when the person assaulted, in violation of law, pursues him with a deadly weapon, and seeks to take his life, or do him great bodily harm. ”

“ The doctrine of self-defense permits the use of force to prevent harm to another person. As LaFave and Scott explain, one is justified in using reasonable force in defense of another person, even a stranger, when he reasonably believes that the other is in immediate danger of unlawful bodily harm from his adversary and that the use of such force is necessary to avoid this danger. ”

“ This great law of self-defense commands him at all times to do that which he can do under the circumstances, to wit, exercise reasonable care to avoid the danger by getting out of the way of it, or by exercising less violence than that which will produce death, and yet will be equally efiective to secure his own life. ”

“ The trial judge said:
'You have heard in argument here,-incidentally dropped, no doubt, because these things have been repeated here so often in this court that every child knows what the law of self-defense is, that if a man thinks he has a right to slay he can slay. That is a great misapprehension of what this proposition of the law is and what it means. If that was the case, how many men, when they were arraigned for the killing of a human being, would not assert that they thought they had a right to kill? ”

“ Provided he use all the means in his power, otherwise, to save his own life, or prevent the intended harm, such as retreating as far as he can, or disabling his adversary without killing him, if it be in his power. Now, that is the first proposition of the law of self-defense. Now, let us see again, by enumerating each condition that must enter into it, what they are: First, we must be in the right. We must be doing what we had a right to do at the time of the killing, and when we are so situated we are attacked by another. ”

“ I shall now consider one question more, and that is concerning provocation. We have hitherto been considering self-defense, and how far persons may go in defending themselves against aggressors, even by taking away their lives, and now proceed to consider such provocations as the law allows to mitigate or extenuate the guilt of killing, where it is not justifiable or excusable. ”

“ Whenever that exists, we have malice, and nothing else, unless it is a case where a man prepares himself for self-defense, and then, in order to exonerate himself from that killing, he must execute that preparation where the law gives him a right to do it, and in a defensive way. He may prepare himself for self-defense, but if he kills when there is no case of self-defense, such act of previous preparation becomes criminal in its character because of his subsequent act, and it becomes attached to that act. ”

“ We talk of liberty and property, but if we cut up the law of self-defense, we cut up the foundations of both; and if we give up this, the rest is of very little value, and therefore this principle must be strictly attended to; for whatsoever the law pronounces in the case of these eight soldiers will be the law to other persons and after ages. All the persons that have slain mankind in this country from the beginning to this day had better have been acquitted than that a wrong rule and precedent should be established. ”

“ When Self-Defense Is Obligatory.—Self-defense is sometimes an obligation. (a) Thus, it is an obligation, if the only factors considered are the life of the guilty aggressor and the life of the innocent person who is assailed; for the life of the innocent should not be sacrificed for the guilty, and charity indicates that the first duty of the person attacked is to himself. ”

“ Indeed, the tendency of the American mind seems to be very strongly against the enforcement of any rule which requires a person to flee when assailed, to avoid chastisement, or even to save human life; and that tendency is well illustrated by the recent decisions of our courts bearing on the general subject of the right of self-defense. ”

“ It is of course understood that penal repression is not in question. What is called crime or punishment, would be called sickness or prophylaxis, but society would retain intact its right, which is not to punish, but simply the right of self-defense. ”

“ The so-called right of self-defense, in particular, seems to have only a very limited sphere of application, and to be often supported by arguments involving both mistakes as to political questions and a wrong conception of the best type of character. ”

“ But as it is unlawful to take a man's life, except for the public authority acting for the common good, as stated above (A. 3) , it is not lawful for a man to intend killing a man in self-defense, except for such as have public authority, who while intending to kill a man in self-defense, refer this to the public good, as in the case of a soldier fighting against the foe, and in the minister of the judge struggling with robbers, although even these sin if they be moved by private animosity. ”

“ If the accused person is innocent, he may take to flight or even offer positive resistance, provided he does no injury to those who attack him, and public scandal or disorder does not result from the resistance. This is according to natural law, which permits one to use self-defense against unjust aggression; but since the positive law requires the accused to submit to arrest that is not manifestly unlawful and empowers the officers to employ force against those who resist, it seems that generally the accused should permit himself to be taken under protest, if he cannot escape. ”

“ But if there is an absence in the case of that which indicates a deadly design, a design to do great bodily harm, really or apparently, threats cannot be considered in connection with the asserted right of a defendant that he can avail himself of the right of self-defense. ”

“ Self-defense is a common-law defense to federal criminal law offenses, and nothing in the text, structure or history of Section 2340A precludes its application to a charge of torture. In the absence of any textual provision to the countrary, we assume self-defense can be an appropriate defense to an allegation of torture. ”

“ Suppose, then, that the doctors of the law decide that he may kill in self-defense. For the next man the doubt is almost as great; how does he know that he is defining self-defense correctly, or that he has not misjudged the facts, imagined the attack, and is really the aggressor? ”

“ It will be scarcely doubted that if the conductor was prosecuted criminally, it would be a sufficient defense that he honestly believed he was in imminent danger, and had reasonable ground for such belief. In other words, the law of self-defense justifies an act done in honest and reasonable belief of immediate danger. The familiar illustration is that, if one approaches another, pointing a pistol, and indicating an intention to shoot, the latter is justified by the rule of self-defense in shooting, even to death ”

“ Here, absent a preliminary injunction, Plaintiffs’ constitutional rights are being violated. They are forced to give up their Second Amendment right to armed self-defense outside the home. The “right to bear arms enables one to possess not only the means to defend oneself but also the self-confidence—and psychic comfort—that comes with knowing one could protect oneself if necessary.” ”

“ The United States are bound to protect against lawless violence all persons in their service or custody in the course of the administration of justice. This duty and the correlative right of protection are not limited to the magistrates and officers charged with expounding and executing the laws, but apply, with at least equal force, to those held in custody on accusation of crime, and deprived of all means of self-defense. ”

“ When willful homicide, unless justified by the clear necessity of self-defense or mitigated by the extremest circumstances of mental distress, is regarded and treated by society as the infamous crime it is, which must exclude the perpetrator from all civilized and self-respecting companionship, it will find juries to convict and judges to sentence the guilty and governors to withhold their pardon. ”

“ The right of self defense never ceases. It is among the most sacred, and alike necessary to nations and to individuals, and whether the attack be made by Spain herself or by those who abuse her power, its obligation is not the less strong. ”

“ A perfect right of self-defense can only obtain and avail where the party pleading it acted from necessity, and was wholly free from wrong or blame in occasioning or producing the necessity which required his action. ”

“ He was then advised to arm himself for self-defense. His reply embodies a nobility that should make it historic: "When it comes to such a pass in this country that judges of the courts find it necessary to go armed it will be time to close the courts themselves." ”