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Self-defense (United States)
In the United States, self-defense is an affirmative defense that is used to justify the use of force by one person against another person under specific circumstances. General rule In the U.S., the general rule is that " /nowiki> person is privileged to use such force as ''reasonably'' appears necessary to defend him or herself against an apparent threat of ''unlawful'' and ''immediate'' violence from another." In cases involving non-deadly force, this means that the person must reasonably believe that their use of force was necessary to prevent imminent, unlawful physical harm. When the use of deadly force is involved in a self-defense claim, the person must also reasonably believe that their use of deadly force is immediately necessary to prevent the other's infliction of great bodily harm or death. Most states no longer require a person to retreat before using deadly force. In the minority of jurisdictions which do require retreat, there is no obligation to retreat when it i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States
The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 contiguous states border Canada to the north and Mexico to the south, with the semi-exclave of Alaska in the northwest and the archipelago of Hawaii in the Pacific Ocean. The United States asserts sovereignty over five Territories of the United States, major island territories and United States Minor Outlying Islands, various uninhabited islands in Oceania and the Caribbean. It is a megadiverse country, with the world's List of countries and dependencies by area, third-largest land area and List of countries and dependencies by population, third-largest population, exceeding 340 million. Its three Metropolitan statistical areas by population, largest metropolitan areas are New York metropolitan area, New York, Greater Los Angeles, Los Angel ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Affirmative Defense
An affirmative defense to a civil lawsuit or criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant's otherwise unlawful conduct. In civil lawsuits, affirmative defenses include the statute of limitations, the statute of frauds, waiver, and other affirmative defenses such as, in the United States, those listed in Rule 8 (c) of the Federal Rules of Civil Procedure. In criminal prosecutions, examples of affirmative defenses are self defense, insanity, entrapment and the statute of limitations. Description In an affirmative defense, the defendant may concede that they committed the alleged acts, but they prove other facts which, under the law, either justify or excuse their otherwise wrongful actions, or otherwise overcomes the plaintiff's claim. In criminal law, an affirmative defense is sometimes called a justification or excuse defense ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Justification (jurisprudence)
Justification is a defense in a criminal case, by which a defendant who committed the acts asserts that because what they did meets certain legal standards, they are not criminally culpable for the acts which would otherwise be criminal. Justification and excuse are related but different defenses (see Justification and excuse).Criminal Law Cases and Materials, 7th ed. 2012; John Kaplan, Robert Weisberg, Guyora Binder Justification is an exception to the prohibition of committing certain offenses. Justification can be a defense in a prosecution for a criminal offense. When an act is justified, a person is not criminally liable even though their act would otherwise constitute an offense. For example, to intentionally commit a homicide would be considered murder. However, it is not considered a crime if committed in self-defense Self-defense (self-defence primarily in Commonwealth English) is a countermeasure that involves defending the health and well-being of oneself from ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Deadly Force
Deadly force, also known as lethal force, is the use of force that is likely to cause serious bodily injury or death to another person. In most jurisdictions, the use of deadly force is justified only under conditions of extreme necessity as a last resort, when all lesser means have failed or cannot reasonably be employed. Firearms, bladed weapons, explosives, and vehicles are among those weapons the use of which is considered deadly force. The use of non-traditional weapons in an offensive manner, such as a baseball bat, sharp pencil, tire iron, or other, may also be considered deadly force. United Kingdom The Criminal Justice and Immigration Act 2008 allows householders to use reasonable force against intruders. In certain circumstances this can be lethal force. United States law The United States Armed Forces defines deadly force as "Force that is likely to cause, or that a person knows or should know would create a substantial risk of causing, death or ser ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Duty To Retreat
In law, the duty to retreat, or requirement of safe retreat,''Criminal Law - Cases and Materials'', 7th ed. 2012, Wolters Kluwer Law & Business; John Kaplan, Robert Weisberg, Guyora Binder, /ref> is a legal requirement in some jurisdictions that a threatened person cannot harm another in self-defense (especially lethal force) when it is possible instead to retreat to a place of safety. This requirement contrasts with some other jurisdictions to '' stand one's ground'', meaning being allowed to defend one's self instead of retreating. It is a specific component which sometimes appears in the criminal defense of self-defense, and which must be addressed if criminal defendants are to prove that their conduct was justified. Depending on the state the criminal defendants have to prove a minimal time period of safe retreat. English law In English law English law is the common law list of national legal systems, legal system of England and Wales, comprising mainly English cr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over State court (United States), state court cases that turn on questions of Constitution of the United States, U.S. constitutional or Law of the United States, federal law. It also has Original jurisdiction of the Supreme Court of the United States, original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." In 1803, the Court asserted itself the power of Judicial review in the United States, judicial review, the ability to invalidate a statute for violating a provision of the Constitution via the landmark case ''Marbury v. Madison''. It is also able to strike down presidential directives for violating either the Constitution or s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bad Elk V
Bad or BAD may refer to: Common meanings *Evil, the opposite of moral good * Erroneous, inaccurate or incorrect * Unhealthy, or counter to well-being *Antagonist, the threat or obstacle of moral good Acronyms * BAD-2, a Soviet armored trolley car * Bank account debits tax, an Australian tax * Bcl-2-associated death promoter, a pro-apoptotic protein * Team B.A.D., a professional wrestling tag team Films * ''Andy Warhol's Bad'', a 1977 film * ''Bad'', an unfinished film by Theo van Gogh * ''Bad'' (2025 film), an Indian Kannada-language action thriller film Music Performers * B. A. D., the Taiwanese boy band, who formed in 1998 * Big Audio Dynamite, Mick Jones' post-Clash band, from London * Royce da 5'9", the American rapper known as Bad, in the group Bad Meets Evil Albums * ''Bad'' (album), a 1987 album by Michael Jackson * ''BAD'', or '' Bigger and Deffer'', the second album by LL Cool J, 1987 Songs * "Bad" (U2 song), 1984 * "Bad" (Michael Jackson song), 1987 * "Bad ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sioux
The Sioux or Oceti Sakowin ( ; Dakota/ Lakota: ) are groups of Native American tribes and First Nations people from the Great Plains of North America. The Sioux have two major linguistic divisions: the Dakota and Lakota peoples (translation: referring to the alliances between the bands). Collectively, they are the , or . The term ''Sioux'', an exonym from a French transcription () of the Ojibwe term , can refer to any ethnic group within the Great Sioux Nation or to any of the nation's many language dialects. Before the 17th century, the Santee Dakota (: , also known as the Eastern Dakota) lived around Lake Superior with territories in present-day northern Minnesota and Wisconsin. They gathered wild rice, hunted woodland animals, and used canoes to fish. Wars with the Ojibwe throughout the 18th century pushed the Dakota west into southern Minnesota, where the Western Dakota (Yankton, Yanktonai) and Lakota (Teton) lived. In the 19th century, the Dakota signed land cess ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Imperfect Self-defense
Imperfect self-defense is a common law doctrine recognized by some jurisdictions whereby a defendant may mitigate punishment or sentencing imposed for a crime involving the use of deadly force by claiming, as a partial affirmative defense, the honest but unreasonable belief that the actions were necessary to counter an attack. Not all jurisdictions accept imperfect self-defense as a basis to reduce a murder charge. (Self-Defense). * Self-defense: A ''perfect'' argument of self-defense proves all elements of self-defense, and results in the defendant's acquittal. If a defendant proves imperfect self-defense, the defendant will be convicted of a lesser homicide charge, such as voluntary manslaughter. * Imperfect self-defense: The concept of ''imperfect'' self-defense is that, although not all elements of self-defense were proved, extenuating circumstances nonetheless ''partially'' excuse the act that caused death. Examples The doctrine of imperfect self-defense has been defined as ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Murder
Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse committed with the necessary Intention (criminal law), intention as defined by the law in a specific jurisdiction (area), jurisdiction. ("The killing of another person without justification or excuse, especially the crime of killing a person with malice aforethought or with recklessness manifesting extreme indifference to the value of human life.") This state of mind may, depending upon the jurisdiction, distinguish murder from other forms of unlawful homicide, such as manslaughter. Manslaughter is killing committed in the absence of Malice (law), ''malice'',This is "malice" in a technical legal sense, not the more usual English sense denoting an emotional state. See malice (law). such as in the case of voluntary manslaughter brought about by reasonable Provocation (legal), provocation, or diminished capacity. Involuntary manslaughter, ''Invol ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Manslaughter
Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th century BC. The definition of manslaughter differs among legal jurisdictions. Types Voluntary For voluntary manslaughter, the offender had intent to kill or seriously harm, but acted "in the moment" under circumstances that could cause a reasonable person to become emotionally or mentally disturbed. There are mitigating circumstances that reduce culpability, such as when the defendant kills only with an intent to cause serious bodily harm. Voluntary manslaughter in some jurisdictions is a lesser included offense of murder. The traditional mitigating factor was provocation; however, others have been added in various jurisdictions. The most common type of voluntary manslaughter occurs when a defendant is provoked to commit homicide. This ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
