Learning Resource Center (LRC) ProjectPurpose: The purpose of this project is to reinforce the learning outcomes of this course which are to:distinguish between criminal law and civil lawapply Consti

Self-Defense Laws in Alabama

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What are the four elements of self-defense?

One has the duty to retreat which is a legal requirement in certain jurisdictions that a person who is threatened cannot stand the legal ground and apply a force to self-defense but instead this person need to retreat to the place of safety.

Elements of Self defense

The four elements of self-defense are proportionality, innocence, reasonableness and avoidance.

Discuss each of the elements and describe how they apply to the self-defense justification

Avoidance.

Avoidance is a case where one who has admitted the truth of the allegations that is made in the former pleading but come again to present a new information that will neutralize or avoid the legal cancellation of the facts that are already admitted. It is a common law in which a party confesses an allegation and alleges many more facts so as to avoid the intended effect of the initial allegation. Alabama has the responsibility to retreat jurisdiction, this means that that earlier than using deadly pressure a victim needs to retreat from the chance if he can achieve this properly.

Innocence.

Innocent targets of some aggressions that are culpable are usually justified in the process of harming aggressors in self-defense. Harming innocent aggressors and active innocent threats are indeed justified in defending oneself under certain conditions. The defensive actions in cases like that are justified as permissions rather than claim rights. In Alabama, the justification therefore differs from self-defense on culpable people they are claim rights and not permission (Montague, 2000).

Proportionality.

Proportionality is the permission of that the self-defense remain to be notoriously controversial in the jus ad belum sense. This is despite being subjected to notorious as well as serious academic considerations. The means end test that proportionality has lies on the necessity of the means that is used to achieve the results. Self-defense as well as the defense of others means that the force that is used should be proportional to the threat that is faced.

Reasonableness.

In Alabama, the self-defense laws check whether the person was acting reasonably so that he or she could defend himself. They say that you can’t shoot an ant with an elephant gun’. The level of force that should be used in the self-defense need to be matched with the potential force or threat in the that is associated with it. While you might consider to use a physical force against an attacker.

What is the “castle doctrine”

“Castle Doctrine” means that a person need not to retreat if there home is attacked. This law gives the home owners a right that they need to defend themselves against any intruder. It is called the castle law since citizens are able to consider their homes to be a castle and they have every right to protect their homes. This law also allow the citizens that are not able to defend themselves and are threatened with an injury or death to defend themselves no matter the level of force. However, there are limitations to this law. If you are outside and standing on your property, you have full rights to shoot at the intruder, however you are not allowed to shoot if you are inside your home and the intruder is outside. You need to wait until that intruder get into your property then you can shoot.

What is “stand your ground”?

Alabama “stand your ground” law was passed in the year 2005. This law allowed those who felt a threat of death or bodily injury to be meeting force with force and not with the retreat.

Kent (2015) mention that a person should have a justified reason for the use of a physical force and that person should not be the original aggressor. In most cases, the physical force is not justifiable if the person is engaged in unlawful activity and when that person they are trying to use the defensive force against is an officer who is a law enforcer and who is performing his/her duties.

How are these doctrines applied in your state?

Under the Alabama laws, a person is only justified to use a physical force that might be deadly only if they believe that the other person is also about to use the unlawful deadly force. A person is also justified when a burglar is just about to use a physical force and when the other person is engaged in the assault, kidnapping as well as robbery or rape. The other person also might be unlawfully entering someone’s car or home and trying to remove the person against his/her will. This law is also justified when an individual intend to break into a nuclear plant.

References

Sina Etezazian (2016). The nature of the self-defense proportionality requirement, Journal on the Use of Force and International Law, 3:2, Pg 260-289, DOI;10.1080/20531702.2016.1208901

Kent. (2015). What Alabama law says about using deadly force for self-defense. Retrieved from http://www.al.com.

Montague. (2017). Self-Defense and Innocence: Aggressors and Active Threats. Retrieved from https://www.cambridge.org