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Topic #4: Self-Defense
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Think about the lecture discussing the complexities of the affirmative defense of “self-defense”.
Answer all of the following questions.
Part I: Do an online search for coverage of a criminal case (not covered in either lecture or any of the supplementary materials shown in class) adjudicated somewhere in the United States that resulted in a trial in which the defendant claimed self-defense. (Choose a criminal case that’s been the focus of a relatively large amount of media attention so that you can find a number of articles about it. Remember, for there to have been criminal charges filed, the state is alleging that this was not a case of legal, appropriately-utilized self-defense, whereas the defendant is alleging that it is.)
- What was the evidence introduced by the defense at trial to support its claim of self-defense?
- How did the prosecution counter those claims?
Part II: Read this article regarding some states recently expanding the circumstances under which individuals may legally use potentially deadly force in self-defense without consequence (i.e., no criminal charges or civil suits are possible). These laws formally eliminate the “retreat rule” in place in many states (beyond even what the “castle doctrine” permits).
- States such as Florida have what are known as “stand your ground” self-defense laws. In the aftermath of the recent Trayvon Martin shooting (which, while not formally presented as “stand your ground” case at trial, has become forever associated with the concept), there has been some discussion among Florida legislators regarding revising that state’s law. Such a defense, regardless, is not guaranteed to be successful; read about some failed attempts here.
- Think of these new expanded laws in relation to the relatively narrower set of circumstances under which self-defense can generally be used, as described in the lecture video. With all of that in mind – if you were to draft a self-defense law, what would it look like? Specify the circumstances that must be present for it to be legal use of self-defense.
