Self-defense: Difference between revisions
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{{short description|Countermeasure that involves defending oneself from harm}} |
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{{Merge|Personal safety|date=June 2006}} |
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{{for multi|the legal theory of self-defense|Right of self-defense||Self Defense (disambiguation)}} |
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{{unreferenced|date=October 2006}} |
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{{redirect|Home defense|the film|Home Defense{{!}}''Home Defense''}} |
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{{Use American English|date = September 2019}} |
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:''This article deals with the concept of defending oneself from an attack. For the [[legal]] usage, see [[Self-defense (theory)]] |
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{{Use dmy dates|date=February 2024}} |
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[[File:Security baton.jpg|thumb|right|250px|This telescopic steel security [[Baton (law enforcement)|baton]] is sold to the public in [[Japan]] (2009).]] |
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[[File:Knee Kick to Groin.jpg|thumb|A [[knee strike]] to the [[groin]].]] |
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'''Self-defense''' ('''self-defence''' primarily in [[Commonwealth English]]) is a [[countermeasure]] that involves defending the [[health]] and well-being of oneself from [[harm]].<ref>[http://dictionary.reference.com/browse/self-defense Dictionary.com's Definition of "Self-Defense"]. Dictionary.reference.com. Retrieved on 2 June 2012.</ref> The use of the [[right of self-defense]] as a legal justification for the use of [[Force (law)|force]] in times of danger is available in many [[jurisdiction]]s.<ref name="Kopel2008">{{cite journal|last=Kopel|first=David B.|author2=Gallant, Paul|author3=Eisen, Joanne D.|year=2008|title=The Human Right of Self-Defense|url=https://digitalcommons.law.byu.edu/cgi/viewcontent.cgi?article=1396&context=jpl|journal=BYU Journal of Public Law|publisher=[[BYU Law School]]|volume=22|pages=43–178}}</ref> |
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'''Self-defense''' refers to actions taken by a person to prevent another person from causing harm to one's self, one's property or one's home. |
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==Physical== |
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'''Self-defense''' is also a commonly understood legal term in United States law used to categorize an act of violence as being justified against an unjustified aggressor, and therefore deserving of little or no punishment; it is often used interchangeably with the term "[[Justifiable homicide]]" (compare to [[Homicide]]). The issue of what constitutes acceptable self-defense has typically been hotly debated throughout U.S. history virtually anytime someone is acquitted of a killing in self-defense. For example, shooting an assailant once might be categorized as self-defense while shooting the same assailant five times may not be so held. Self-defense against the illegal actions of police were held justifiable in 1900 in the U.S. Supreme Court Case [[John Bad Elk]] v. U.S., and supported by other court cases like [[Runyan v. State]]. |
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[[File:Bundesarchiv Bild 102-00504, Berlin, Turn- und Sportwoche im Lustgarten.jpg|thumb|Demonstration of a [[jujutsu]] defense against a [[knife fight|knife attack]]. [[Berlin]], 1924.]] |
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==Forms of self-defense== |
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[[File:Bangladeshi Rifles training.jpg|thumbnail|right|A Bangladesh Rifles Senior Warrant Officer (left in yellow/green outfit) applies a mechanical advantage control/hold to a [[United States Marine Corps|United States Marine]] during a demonstration.]] |
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Self-defense strategies form the basis of numerous [[martial arts]], especially [[East Asian]] martial arts, which usually provide self-defense classes as part of their [[curriculum|curricula]]. |
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Physical self-defense is the use of physical force to counter an immediate threat of violence. Such force can be either armed or unarmed. In either case, the chances of success depend on various parameters, related to the severity of the threat on one hand, but also on the mental and physical preparedness of the defender.<ref name="USA Self Defense Centers">{{Cite web|url=https://usaselfdefensecenters.com/what-is-self-defense-explaining-the-concept-of-self-defense/|title=What is Self Defense? Explaining The Concept of Self Defense.|author=Joseph, Christopher|date=22 September 2023|publisher=USA Self Defense Centers|access-date=7 December 2023}}</ref> |
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===Unarmed=== |
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The 1980's/1990's saw the growth in popularity of systems that are termed 'Reality Based Martial Arts', that are based upon traditional martial artists experience and the techniques, strategeies and tactics that they have employed, or on systems used by Law Enforcement and/or Military Agencies (Such as [[Commando Krav Maga]], the system used by elite Israeli military units.) |
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Many styles of [[martial arts]] are practiced for self-defense or include self-defense techniques. Some styles train primarily for self-defense, while other [[combat sport]]s can be effectively applied for self-defense. Some martial arts train how to escape from a knife or gun situation or how to break away from a punch, while others train how to attack. To provide more practical self-defense, many modern martial arts schools now use a combination of martial arts styles and techniques and will often customize self-defense training to suit individual participants.{{citation needed|date=November 2023}} |
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Many schools of self-defense also teach theoretical strategies aimed at avoiding or defusing physical confrontations. The curriculum for such courses commonly teach positioning strategies and strengthening the defender's self-confidence in front of an aggressor, which is purported to discourage some physical attacks. Some studies, for instance, including those by David Lisak, have shown perpetrators who sexually assault acquaintances test their victims first. The perpetrator will gradually cross the potential victim's boundaries through techniques such as touching or making inappropriate sexual comments. If the victim responds with discomfort or fear his or her intrusive behavior may escalate to sexual assault. Victims who responded to these early tactics with consistent assertiveness avoided rape. Academic studies such as these are of course quite subjective. |
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===Armed=== |
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== Scenario-based self defense training == |
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{{further|Non-lethal weapon|Melee weapon|Defensive gun use}} |
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Having to physically defend oneself (e.g. blocks, punches, kicks, weapons, etc) should be considered the last line of self-defense, that needs to be used if several other techniques and strategies have failed which can often be much more effective than physical self-defense. Even if one is quite capable of physical self-defense, it is still often best to avoid being in a situation of having to physically defend oneself, because of possible: |
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* Legal trouble. |
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* Injury. |
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* Revenge from attacker, on not just the defender, but family, friends, or property of the defender. |
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* Use of firearms or edged weapons by attacker. |
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* Multiple attackers and only one defender. |
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A wide variety of [[weapon]]s can be deployed for use in a defensive capacity. The most suitable depends on the threat presented, the victim or victims, and the experience of the defender. Legal restrictions also vary greatly, and influence which self-defense options are available to choose from.{{citation needed|date=November 2023}} |
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It is always better to use techniques to avoid or diffuse trouble before it gets to oneself, e.g: |
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* Stay in groups at night |
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* Park in well-lit areas |
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* Avoid excess consumption of alcohol or drugs which could make you intoxicated and vulnerable |
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* Try not to attract too much attention from potential attackers |
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* Don't hang out with violent people you can't trust |
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* Don't attend parties or other gatherings (especially where alcohol and or drugs are being heavily consumed) where there are people (especially groups) you don't know and/or can't trust, who could become violent. |
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* Don't unnecesarily use violent language, threats or fighting stances (e.g. fists up, especially if a potential attacker tells you to do so) (genuine or joking), because: |
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** A potential attacker may seize upon this as a [[Self-defense (theory)]] legal excuse for attacking, even if they know there is no real threat. |
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** An intoxicated (or generally violent) person may perceive this as a genuine attack or threat and attack you pre-emptively. |
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* If attack is imminent, there are further options before physical self-defense may be required: |
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** Escaping by running or driving away, if possible. |
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** Attracting attention from others who may be able to help defend you or frighten or distract attackers, by: |
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*** Yelling or screaming. |
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*** [[Personal alarm]]. |
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*** [[Emergency telephone number]] ([[000]] in [[Australia]], [[9-1-1|911]] in the [[United States]], [[1-1-2|112]] on all GSM cell phones, etc.) |
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** Physical barrier, such as locking yourself in a building or vehicle. |
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* etc |
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but sometimes there isn’t a viable option before physical self-defense. An important aspect of self-defense training is teaching techniques in the context of self-defense or “attack” scenarios. One person will play the role of the defender, and one (or more) people will have the role of the aggressor. Systems such as [[jujutsu]] make considerable use of this training methodology. |
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In some jurisdictions, [[firearms]] may be carried [[Open carry in the United States|openly]] or [[Concealed carry|concealed]] expressly for this purpose, while other jurisdictions have tight restrictions on who can own firearms, and what types they can own. [[knife|Knives]], especially those categorized as [[switchblade]]s, may also be [[Knife legislation|controlled]], as may [[Baton (law enforcement)|batons]], [[pepper spray]] and personal [[electroshock weapon]]s—although some may be legal to carry with a license or for certain professions.{{citation needed|date=November 2023}} |
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== Responsibility of application == |
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There is considerable debate amongst individuals as to what constitutes an acceptable level of physical force during self-defense. Some individuals prefer a limited [[pacifism|pacifist]] response, while others advocate means up to and including deadly force, such as firearms. In martial art terms, acceptable force is that which is required to prevent the assailant from carrying out further violent actions. Laws vary from country to country as to the level of force one is capable of using in defending one's self from an attacker. A responsible self-defense teacher will teach students to respond with the force necessary to defend themselves based on the situation, lest they find themselves in serious legal trouble. |
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Non-injurious water-based self-defense indelible dye-marker sprays, or [[SmartWater (forensic)|ID-marker]] or [[SelectaDNA|DNA-marker]] sprays linking a suspect to a crime scene, would in most places be legal to own and carry.<ref>[https://web.archive.org/web/20141015065332/http://www.kentonline.co.uk/kent/news/branded-a-criminal---red-offende-a85247 Branded a criminal – Red Offender spray is rolled out at Canterbury's nightspots (KentOnLine.co.uk, 13 May 2010)]. Retrieved on 5 August 2012.</ref> |
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==National self-defense== |
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In politics, the concept of national or mutual self-defense to counter a [[war of aggression]] refers to a [[defensive war]] organised by the state, and is one possible criterion in the [[Just War theory]]. |
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Everyday objects, such as [[Maglite|flashlights]], [[baseball bat]]s, [[Millwall brick|newspapers]], [[Keychain|keyrings]] with keys, [[kitchen utensil]]s and other [[tool]]s, and [[aerosol can|hair spray aerosol cans]] in combination with a [[lighter]], can also be used as [[improvised weapon]]s for self-defense.<ref> [https://nyccriminallawyer.com/self-defense-everyday-objects/ Self-Defense With Everyday Objects] August 16, 2017. [[Arkady Bukh]]</ref> |
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==== Verbal self-defense ==== |
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[[Verbal self-defense]] is defined as using words "to prevent, [[De-escalation|de-escalate]], or end an attempted assault."<ref name="books.google.com">{{Cite book|url=https://books.google.com/books?id=dwOxP18guFgC&pg=PA23|title=Self-defense: steps to survival|author1=Mattingly, Katy|date=July 2007|publisher=Human Kinetics|isbn=978-0-7360-6689-1|page=2|access-date=28 July 2010}}</ref> |
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==Women's self-defense== |
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According to Victims of Sexual Violence: Statistics on Rainn, about "80 percent of juvenile victims were female and 90 percent of rape victims were adult women".<ref>{{Cite web|url=https://www.rainn.org/statistics/victims-sexual-violence|title=Victims of Sexual Violence: Statistics {{!}} RAINN|website=rainn.org|access-date=22 October 2019}}</ref> In addition, women from ages 18 to 34 are highly at risk to experience sexual assault. According to historian Wendy Rouse in ''Her Own Hero: The Origins of Women's Self-Defense Movement'', women's self-defense training emerged in the early twentieth century in the United States and the United Kingdom paralleling the women's rights and suffrage movement. These early feminists sought to raise awareness about the sexual harassment and violence that women faced on the street, at work, and in the home. They challenged the notion that men were their "natural protectors" noting that men were often the perpetrators of [[violence against women]]. Women discovered a sense of physical and personal empowerment through training in boxing and jiu-jitsu. Interest in women's self-defense paralleled subsequent waves of the women's rights movement especially with the rise of [[Second-wave feminism]] in the 1960s and 1970s and [[Third-wave feminism]] in the 1990s.<ref>Rouse, Wendy Her Own Hero: The Origins of the Women's Self-Defense Movement. New York: New York University Press, 2017. https://nyupress.org/9781479828531/her-own-hero/</ref> Today's Empowerment Self-Defense (ESD) courses focus on teaching verbal and psychological as well as physical self-defense strategies. ESD courses explore the multiple sources of gender-based violence especially including its connections with sexism, racism, and classism. Empowerment Self-Defense instructors focus on holding perpetrators responsible while empowering women with the idea that they have both the right and ability to protect themselves.<ref>{{Cite journal|last1=Senn|first1=Charlene Y.|last2=Eliasziw|first2=Misha|last3=Barata|first3=Paula C.|last4=Thurston|first4=Wilfreda E.|last5=Newby-Clark|first5=Ian R.|last6=Radtke|first6=H. Lorraine|last7=Hobden|first7=Karen L.|date=11 June 2015|title=Efficacy of a Sexual Assault Resistance Program for University Women|journal=The New England Journal of Medicine|volume=372|issue=24|pages=2326–2335|doi=10.1056/NEJMsa1411131|pmid=26061837|issn=0028-4793|doi-access=free}}</ref><ref>{{Cite journal|last=Hollander|first=Jocelyn A.|date=April 2013|title=Does Self-Defense Training Prevent Sexual Violence Against Women?|journal=Violence Against Women|volume=20|issue=3|pages=252–269|doi=10.1177/1077801214526046|pmid=24626766|s2cid=21607932|issn=1077-8012}}</ref><ref>{{Cite journal|last=Thompson|first=Martha E.|date=2013–2014|title=Empowering Self-Defense Training|journal=Violence Against Women|volume=20|issue=3|pages=351–359|doi=10.1177/1077801214526051|pmid=24686126|s2cid=206668145|issn=1077-8012}}</ref><ref>{{Cite journal|last1=McCaughey|first1=Martha|last2=Cermele|first2=Jill|date=2013–2014|title=Guest Editors' Introduction|journal=Violence Against Women|volume=20|issue=3|pages=247–251|doi=10.1177/1077801214526047|pmid=24742868|issn=1077-8012|doi-access=free}}</ref> |
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==Self-defense education== |
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<!--[[Women's self-defense]] redirects directly here.--> |
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Self-defense techniques and recommended behavior under the threat of violence are systematically taught in self-defense classes. Commercial self-defense education is part of the [[martial arts industry]] in the wider sense, and many martial arts instructors also give self-defense classes. While all martial arts training can be argued to have some self-defense applications, self-defense courses are marketed explicitly as being oriented towards effectiveness and optimized towards situations as they occur in the real world. Many systems are taught commercially, tailored to the needs of specific target audiences (e.g. defense against attempted rape for women, self-defense for children and teens). Notable systems taught commercially include: |
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* Civilian versions of modern military [[combative]]s, such as [[Krav Maga]], [[Defendo]], [[SPEAR System|Spear]], [[Systema]] |
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* Japanese Armed & Unarmed Combat Art Systems directly taught as Combatives with No Sport Aspect, also adapted to modern weapons such as [[Bujinkan]] |
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* [[Jujutsu]] and arts derived from it, such as [[Aikijujutsu]], [[Aikido]], [[Bartitsu]], [[German ju-jutsu]], and [[Kodokan Goshin Jutsu]] |
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* Traditional unarmed fighting styles like [[Karate]], [[Kung fu]], [[Hapkido]], [[Pencak Silat]], [[Taekkyeon|Taekkyon]], etc. These styles can also include competing. |
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* Traditional armed fighting styles like [[Kali]]/[[Eskrima]]/[[Arnis]]. These include competing, as well as armed and unarmed combats. |
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* Street Fighting oriented, unarmed systems, such as [[Jeet Kune Do]], [[Kajukenbo]], [[Won Sung Do,®]] and [[Keysi Fighting Method]] |
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* Martial sports, such as [[boxing]], [[kickboxing]], [[Muay Thai]], [[savate]], [[shoot boxing]], [[Sanshou]], [[Taekwondo]], [[judo]], [[Brazilian jiu-jitsu]], [[Sambo (martial art)|Sambo]], and [[wrestling]]. |
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==Legal aspects== |
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{{main|Right of self-defense|Self-defence in international law}} |
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{{see also|Self-defence in English law}} |
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===Application of the law=== |
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In any given case, it can be difficult to evaluate whether force was excessive. Allowances for great force may be hard to reconcile with human rights.{{citation needed|date=November 2023}} |
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The Intermediate People's Court of [[Foshan]], [[People's Republic of China]] in a 2009 case ruled the killing of a robber during his escape attempt to be justifiable self-defense because "the robbery was still in progress" at this time.<ref>[http://www.bjreview.com.cn/forum/txt/2009-04/28/content_193066.htm Are There Limits to Self-Defense?] Beijing Review, 28 April 2009.</ref> |
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In the United States between 2008 and 2012, approximately 1 out of every 38 [[Gun violence in the United States|gun-related deaths]] (which includes murders, suicides, and accidental deaths) was a justifiable killing, according to the [[Violence Policy Center]].<ref>{{cite news|last1=Martelle|first1=Scott|title=Gun and self-defense statistics that might surprise you – and the NRA|url=http://www.latimes.com/opinion/opinion-la/la-ol-guns-self-defense-charleston-20150619-story.html|access-date=16 February 2018|work=Los Angeles Times|date=19 June 2015}}</ref> |
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In [[Canada]], self-defense, in the context of criminal law, is a statutory defense that provides a full defense to the commission of a criminal act. It operates as a justification, the successful application of which means that owing to the circumstances in which the act was produced, it is not morally blameworthy. There are three elements an accused must demonstrate to successfully raise self-defense.{{citation needed|date=November 2023}} |
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First, the accused must demonstrate that she or he believed on reasonable grounds that force was going to be used against her or him or another person or that a threat of force is being made against her or him or another person. The reasonableness of the belief is assessed through both a subjective and objective lens. Certain beliefs, including racist beliefs and beliefs induced by self-intoxication are prima facie unreasonable. Other beliefs related to the subjective experience of the accused may, however, be reasonable. These include any relevant military training (R v Khill), heightened awareness of patterns of cyclical violence in intimate relationships ( [[R v Lavallee|R v Lavallée]]) and whether the accused has autism (R v Kagan).<ref> [https://ca.vlex.com/vid/r-v-kagan-p-681170921 R. v. Kagan (P.D.), 2007 NSSC 215] Supreme Court of Nova Scotia</ref><ref> [https://www.canlii.org/en/ca/scc/doc/2021/2021scc37/2021scc37.html R. v. Khill, 2021 SCC 37] Supreme Court of Canada </ref> |
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Second, the act that constitutes the offence is committed for the purpose of defending or protecting themselves or the other person from that use or threat of force.{{citation needed|date=November 2023}} |
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Third, the act that constitutes the offence must have been reasonable in the circumstances. There are a number of indicia which factor into whether the act was reasonable in the circumstances. For one, was the violence or threat of violence imminent? Usually, if there is a significant time interval between the original unlawful assault and the accused's response, it undermines the contention that there were no other means available to respond to the potential use of force and one tends to suspect that the accused was motivated by revenge rather than self-defense. However, R v Lavalleé accepted expert evidence demonstrating that people experiencing battered women's syndrome have special knowledge about the cyclical nature of violence in a way allows them to foresee when harm is coming. Second, it's relevant whether there was a reasonable avenue of escape available to the accused. Under the old self-defense provision, there was a requirement for the accused to have believed on reasonable grounds that there was no alternative course] of action open to him at the time, so that he reasonably thought that he was obliged to kill in order to preserve himself from death or grievous bodily harm. Now, even though 34(2)(b) is only one consideration in a non-exhaustive list, the mandatory role it used to play in the common law suggests it carries considerable weight in determining the reasonableness of the act in the circumstances under 34(1)(c) |
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As such, while there is no absolute duty to retreat, it is a prerequisite to the defense that there were no other legal means of responding available. In other words, there may be an obligation to do retreat where there is an option to do so (R v Cain).<ref> [https://www.canlii.org/en/on/onca/doc/2011/2011onca298/2011onca298.html R. v. Cain, 2011 ONCA 298] </ref> However, there is an exception to the obligation to retreat which is there is no requirement to flee from your own home to escape an assault to raise self-defense (R v Forde).<ref> [https://ca.vlex.com/vid/r-v-forde-s-681034673 R. v. Forde (S.C.), (2011) 285 O.A.C. 77]</ref> Moreover, evidence of the accused suffering from battered women's syndrome may evince that the accused reasonably perceived there to have been no means of escape (R v Lavalleé). Third, the accused's role in the incident may play into the reasonableness of her or his act. Consideration of the accused's role is not limited to whether he did any provocative or unlawful acts at it was under the old self-defense provisions (R v Khill). Fourth, the nature and proportionality of the accused's response will factor into whether it was reasonable. While a person is not expected to weigh to a nicety the measure of force used to respond to violence or a threat thereof, grossly disproportionate force will tend to be unreasonable (R v Kong).<ref> [https://decisions.scc-csc.ca/scc-csc/scc-csc/en/item/2314/index.do R. v. Kong 2006 SCC 40.]</ref> |
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==See also== |
==See also== |
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* [[Anti-rape female condom]] |
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'''Armed self-defense''' |
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* [[Personal safety]] |
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{{div col|colwidth=18em}} |
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* [[Nonresistance]] |
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* [[Airgun]] |
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* [[Ballistic knife]] |
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* [[Baton (law enforcement)]] / [[Tonfa|Tonfa (martial arts)]] |
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* [[Boot knife]] |
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* [[Brass knuckles]] |
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* [[Club (weapon)]] |
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* [[Crossbow]] |
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* [[CS gas]] |
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* [[Defense wound]] |
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* [[Defensive gun use]] |
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* [[Electroshock weapon]] |
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* [[Gun safety]] |
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* [[Handgun]] |
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* [[Hiatt speedcuffs]] |
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* [[Hollow-point bullet]] |
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* [[Knife]] / [[Combat knife]] |
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* [[Laser pointer]] |
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* [[List of laser applications#Laser sight|Laser sight]] |
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* [[Mace (spray)]] |
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* [[Millwall brick]] |
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* [[Nunchuku]] |
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* [[Offensive weapon]] |
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* [[Paintball marker|Paintball gun]] |
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* [[PAVA spray]] |
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* [[Pepper spray]] |
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* [[Personal defense weapon]] |
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* [[Riot shotgun]] |
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* [[Self-defence in international law|Self-defense in international law]] |
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* [[Slapjack (weapon)]] |
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* [[Slingshot]] |
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* [[Stun grenade]] |
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* [[Switchblade]] |
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* [[Taser]] |
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* [[Throwing knife]] |
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* [[Tranquilizer gun]] |
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* [[Weighted-knuckle glove]] |
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* [[Kubaton]] |
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'''Unarmed self-defense''' |
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{{div col|colwidth=18em}} |
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* [[Anti-theft system]] |
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* [[Armored car (VIP)|Armored car]] |
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* [[Ballistic vest|Body armor]] |
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* [[Bodyguard]] |
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* [[Cyber self-defense]] |
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* [[Digital self-defense]] |
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* [[Door security]] |
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* [[Gated community]] |
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* [[GPS tracking unit]] |
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* [[Guard dog]] |
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* [[Hand to hand combat]] |
* [[Hand to hand combat]] |
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* [[ |
* [[Burglar alarm|Intrusion alarm]] |
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* [[Nonviolent self defense]] |
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* [[Peroneal strike]] |
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* [[Personal alarm]]s |
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* [[Physical security]] |
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* [[Safe room]] |
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* [[Secure telephone]] |
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* [[Closed-circuit television|Video surveillance systems]] |
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{{div col end}} |
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'''Legal and moral aspects''' |
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{{div col|colwidth=18em}} |
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* [[Battered woman defense]] |
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* [[Castle doctrine]] |
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* [[Concealed carry]] |
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* [[Constitutional carry]] |
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* [[Duty to retreat]] |
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* [[Gun-free zone]] |
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* [[Gun laws in the United States (by state)]] |
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* [[Gun politics]] |
* [[Gun politics]] |
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* [[Gun politics in the United States]] |
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* [[Goshin Jujitsu]] |
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* [[ |
* [[Justifiable homicide]] |
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* [[Non-aggression principle]] |
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* [[Open Carry]] |
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* [[Reasonable force]] |
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* [[Self-defence in international law|Self-defense in international law]] |
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* [[Self-preservation]] |
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* [[Sell your cloak and buy a sword]] |
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* [[Stand-your-ground law]] |
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* [[Use of force]] |
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* [[Turning the other cheek]] |
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{{div col end}} |
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{{div col end}} |
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==References== |
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{{reflist}} |
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==External links== |
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[[Category:Martial arts terms]] |
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* [http://www.cvpsd.org www.cvpsd.org Center for Violence Prevention and Self Defense] |
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{{Wiktionary}} |
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*{{Commons category-inline}} |
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{{Wikiquote}} |
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{{Martial arts}} |
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[[de:Selbstverteidigung]] |
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{{Authority control}} |
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[[fr:Défense personnelle]] |
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[[it:Autodifesa]] |
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[[he:הגנה עצמית]] |
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[[ja:護身術]] |
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[[pl:Samoobrona (walka)]] |
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[[simple:Self-defense]] |
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{{DEFAULTSORT:Self-Defense}} |
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== Headline text == |
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[[Category:Self-defense| ]] |
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contents from dictionary.com |
Latest revision as of 01:19, 6 December 2024
Self-defense (self-defence primarily in Commonwealth English) is a countermeasure that involves defending the health and well-being of oneself from harm.[1] The use of the right of self-defense as a legal justification for the use of force in times of danger is available in many jurisdictions.[2]
Physical
[edit]Physical self-defense is the use of physical force to counter an immediate threat of violence. Such force can be either armed or unarmed. In either case, the chances of success depend on various parameters, related to the severity of the threat on one hand, but also on the mental and physical preparedness of the defender.[3]
Unarmed
[edit]Many styles of martial arts are practiced for self-defense or include self-defense techniques. Some styles train primarily for self-defense, while other combat sports can be effectively applied for self-defense. Some martial arts train how to escape from a knife or gun situation or how to break away from a punch, while others train how to attack. To provide more practical self-defense, many modern martial arts schools now use a combination of martial arts styles and techniques and will often customize self-defense training to suit individual participants.[citation needed]
Armed
[edit]A wide variety of weapons can be deployed for use in a defensive capacity. The most suitable depends on the threat presented, the victim or victims, and the experience of the defender. Legal restrictions also vary greatly, and influence which self-defense options are available to choose from.[citation needed]
In some jurisdictions, firearms may be carried openly or concealed expressly for this purpose, while other jurisdictions have tight restrictions on who can own firearms, and what types they can own. Knives, especially those categorized as switchblades, may also be controlled, as may batons, pepper spray and personal electroshock weapons—although some may be legal to carry with a license or for certain professions.[citation needed]
Non-injurious water-based self-defense indelible dye-marker sprays, or ID-marker or DNA-marker sprays linking a suspect to a crime scene, would in most places be legal to own and carry.[4]
Everyday objects, such as flashlights, baseball bats, newspapers, keyrings with keys, kitchen utensils and other tools, and hair spray aerosol cans in combination with a lighter, can also be used as improvised weapons for self-defense.[5]
Verbal self-defense
[edit]Verbal self-defense is defined as using words "to prevent, de-escalate, or end an attempted assault."[6]
Women's self-defense
[edit]According to Victims of Sexual Violence: Statistics on Rainn, about "80 percent of juvenile victims were female and 90 percent of rape victims were adult women".[7] In addition, women from ages 18 to 34 are highly at risk to experience sexual assault. According to historian Wendy Rouse in Her Own Hero: The Origins of Women's Self-Defense Movement, women's self-defense training emerged in the early twentieth century in the United States and the United Kingdom paralleling the women's rights and suffrage movement. These early feminists sought to raise awareness about the sexual harassment and violence that women faced on the street, at work, and in the home. They challenged the notion that men were their "natural protectors" noting that men were often the perpetrators of violence against women. Women discovered a sense of physical and personal empowerment through training in boxing and jiu-jitsu. Interest in women's self-defense paralleled subsequent waves of the women's rights movement especially with the rise of Second-wave feminism in the 1960s and 1970s and Third-wave feminism in the 1990s.[8] Today's Empowerment Self-Defense (ESD) courses focus on teaching verbal and psychological as well as physical self-defense strategies. ESD courses explore the multiple sources of gender-based violence especially including its connections with sexism, racism, and classism. Empowerment Self-Defense instructors focus on holding perpetrators responsible while empowering women with the idea that they have both the right and ability to protect themselves.[9][10][11][12]
Self-defense education
[edit]Self-defense techniques and recommended behavior under the threat of violence are systematically taught in self-defense classes. Commercial self-defense education is part of the martial arts industry in the wider sense, and many martial arts instructors also give self-defense classes. While all martial arts training can be argued to have some self-defense applications, self-defense courses are marketed explicitly as being oriented towards effectiveness and optimized towards situations as they occur in the real world. Many systems are taught commercially, tailored to the needs of specific target audiences (e.g. defense against attempted rape for women, self-defense for children and teens). Notable systems taught commercially include:
- Civilian versions of modern military combatives, such as Krav Maga, Defendo, Spear, Systema
- Japanese Armed & Unarmed Combat Art Systems directly taught as Combatives with No Sport Aspect, also adapted to modern weapons such as Bujinkan
- Jujutsu and arts derived from it, such as Aikijujutsu, Aikido, Bartitsu, German ju-jutsu, and Kodokan Goshin Jutsu
- Traditional unarmed fighting styles like Karate, Kung fu, Hapkido, Pencak Silat, Taekkyon, etc. These styles can also include competing.
- Traditional armed fighting styles like Kali/Eskrima/Arnis. These include competing, as well as armed and unarmed combats.
- Street Fighting oriented, unarmed systems, such as Jeet Kune Do, Kajukenbo, Won Sung Do,® and Keysi Fighting Method
- Martial sports, such as boxing, kickboxing, Muay Thai, savate, shoot boxing, Sanshou, Taekwondo, judo, Brazilian jiu-jitsu, Sambo, and wrestling.
Legal aspects
[edit]Application of the law
[edit]In any given case, it can be difficult to evaluate whether force was excessive. Allowances for great force may be hard to reconcile with human rights.[citation needed]
The Intermediate People's Court of Foshan, People's Republic of China in a 2009 case ruled the killing of a robber during his escape attempt to be justifiable self-defense because "the robbery was still in progress" at this time.[13]
In the United States between 2008 and 2012, approximately 1 out of every 38 gun-related deaths (which includes murders, suicides, and accidental deaths) was a justifiable killing, according to the Violence Policy Center.[14]
In Canada, self-defense, in the context of criminal law, is a statutory defense that provides a full defense to the commission of a criminal act. It operates as a justification, the successful application of which means that owing to the circumstances in which the act was produced, it is not morally blameworthy. There are three elements an accused must demonstrate to successfully raise self-defense.[citation needed]
First, the accused must demonstrate that she or he believed on reasonable grounds that force was going to be used against her or him or another person or that a threat of force is being made against her or him or another person. The reasonableness of the belief is assessed through both a subjective and objective lens. Certain beliefs, including racist beliefs and beliefs induced by self-intoxication are prima facie unreasonable. Other beliefs related to the subjective experience of the accused may, however, be reasonable. These include any relevant military training (R v Khill), heightened awareness of patterns of cyclical violence in intimate relationships ( R v Lavallée) and whether the accused has autism (R v Kagan).[15][16]
Second, the act that constitutes the offence is committed for the purpose of defending or protecting themselves or the other person from that use or threat of force.[citation needed]
Third, the act that constitutes the offence must have been reasonable in the circumstances. There are a number of indicia which factor into whether the act was reasonable in the circumstances. For one, was the violence or threat of violence imminent? Usually, if there is a significant time interval between the original unlawful assault and the accused's response, it undermines the contention that there were no other means available to respond to the potential use of force and one tends to suspect that the accused was motivated by revenge rather than self-defense. However, R v Lavalleé accepted expert evidence demonstrating that people experiencing battered women's syndrome have special knowledge about the cyclical nature of violence in a way allows them to foresee when harm is coming. Second, it's relevant whether there was a reasonable avenue of escape available to the accused. Under the old self-defense provision, there was a requirement for the accused to have believed on reasonable grounds that there was no alternative course] of action open to him at the time, so that he reasonably thought that he was obliged to kill in order to preserve himself from death or grievous bodily harm. Now, even though 34(2)(b) is only one consideration in a non-exhaustive list, the mandatory role it used to play in the common law suggests it carries considerable weight in determining the reasonableness of the act in the circumstances under 34(1)(c) As such, while there is no absolute duty to retreat, it is a prerequisite to the defense that there were no other legal means of responding available. In other words, there may be an obligation to do retreat where there is an option to do so (R v Cain).[17] However, there is an exception to the obligation to retreat which is there is no requirement to flee from your own home to escape an assault to raise self-defense (R v Forde).[18] Moreover, evidence of the accused suffering from battered women's syndrome may evince that the accused reasonably perceived there to have been no means of escape (R v Lavalleé). Third, the accused's role in the incident may play into the reasonableness of her or his act. Consideration of the accused's role is not limited to whether he did any provocative or unlawful acts at it was under the old self-defense provisions (R v Khill). Fourth, the nature and proportionality of the accused's response will factor into whether it was reasonable. While a person is not expected to weigh to a nicety the measure of force used to respond to violence or a threat thereof, grossly disproportionate force will tend to be unreasonable (R v Kong).[19]
See also
[edit]Armed self-defense
- Airgun
- Ballistic knife
- Baton (law enforcement) / Tonfa (martial arts)
- Boot knife
- Brass knuckles
- Club (weapon)
- Crossbow
- CS gas
- Defense wound
- Defensive gun use
- Electroshock weapon
- Gun safety
- Handgun
- Hiatt speedcuffs
- Hollow-point bullet
- Knife / Combat knife
- Laser pointer
- Laser sight
- Mace (spray)
- Millwall brick
- Nunchuku
- Offensive weapon
- Paintball gun
- PAVA spray
- Pepper spray
- Personal defense weapon
- Riot shotgun
- Self-defense in international law
- Slapjack (weapon)
- Slingshot
- Stun grenade
- Switchblade
- Taser
- Throwing knife
- Tranquilizer gun
- Weighted-knuckle glove
- Kubaton
Unarmed self-defense
- Anti-theft system
- Armored car
- Body armor
- Bodyguard
- Cyber self-defense
- Digital self-defense
- Door security
- Gated community
- GPS tracking unit
- Guard dog
- Hand to hand combat
- Intrusion alarm
- Nonviolent self defense
- Peroneal strike
- Personal alarms
- Physical security
- Safe room
- Secure telephone
- Video surveillance systems
Legal and moral aspects
- Battered woman defense
- Castle doctrine
- Concealed carry
- Constitutional carry
- Duty to retreat
- Gun-free zone
- Gun laws in the United States (by state)
- Gun politics
- Gun politics in the United States
- Justifiable homicide
- Non-aggression principle
- Open Carry
- Reasonable force
- Self-defense in international law
- Self-preservation
- Sell your cloak and buy a sword
- Stand-your-ground law
- Use of force
- Turning the other cheek
References
[edit]- ^ Dictionary.com's Definition of "Self-Defense". Dictionary.reference.com. Retrieved on 2 June 2012.
- ^ Kopel, David B.; Gallant, Paul; Eisen, Joanne D. (2008). "The Human Right of Self-Defense". BYU Journal of Public Law. 22. BYU Law School: 43–178.
- ^ Joseph, Christopher (22 September 2023). "What is Self Defense? Explaining The Concept of Self Defense". USA Self Defense Centers. Retrieved 7 December 2023.
- ^ Branded a criminal – Red Offender spray is rolled out at Canterbury's nightspots (KentOnLine.co.uk, 13 May 2010). Retrieved on 5 August 2012.
- ^ Self-Defense With Everyday Objects August 16, 2017. Arkady Bukh
- ^ Mattingly, Katy (July 2007). Self-defense: steps to survival. Human Kinetics. p. 2. ISBN 978-0-7360-6689-1. Retrieved 28 July 2010.
- ^ "Victims of Sexual Violence: Statistics | RAINN". rainn.org. Retrieved 22 October 2019.
- ^ Rouse, Wendy Her Own Hero: The Origins of the Women's Self-Defense Movement. New York: New York University Press, 2017. https://nyupress.org/9781479828531/her-own-hero/
- ^ Senn, Charlene Y.; Eliasziw, Misha; Barata, Paula C.; Thurston, Wilfreda E.; Newby-Clark, Ian R.; Radtke, H. Lorraine; Hobden, Karen L. (11 June 2015). "Efficacy of a Sexual Assault Resistance Program for University Women". The New England Journal of Medicine. 372 (24): 2326–2335. doi:10.1056/NEJMsa1411131. ISSN 0028-4793. PMID 26061837.
- ^ Hollander, Jocelyn A. (April 2013). "Does Self-Defense Training Prevent Sexual Violence Against Women?". Violence Against Women. 20 (3): 252–269. doi:10.1177/1077801214526046. ISSN 1077-8012. PMID 24626766. S2CID 21607932.
- ^ Thompson, Martha E. (2013–2014). "Empowering Self-Defense Training". Violence Against Women. 20 (3): 351–359. doi:10.1177/1077801214526051. ISSN 1077-8012. PMID 24686126. S2CID 206668145.
- ^ McCaughey, Martha; Cermele, Jill (2013–2014). "Guest Editors' Introduction". Violence Against Women. 20 (3): 247–251. doi:10.1177/1077801214526047. ISSN 1077-8012. PMID 24742868.
- ^ Are There Limits to Self-Defense? Beijing Review, 28 April 2009.
- ^ Martelle, Scott (19 June 2015). "Gun and self-defense statistics that might surprise you – and the NRA". Los Angeles Times. Retrieved 16 February 2018.
- ^ R. v. Kagan (P.D.), 2007 NSSC 215 Supreme Court of Nova Scotia
- ^ R. v. Khill, 2021 SCC 37 Supreme Court of Canada
- ^ R. v. Cain, 2011 ONCA 298
- ^ R. v. Forde (S.C.), (2011) 285 O.A.C. 77
- ^ R. v. Kong 2006 SCC 40.
External links
[edit]- Media related to Self-defense at Wikimedia Commons