The law of self-defense holds that a person who is not the aggressor is justified in using deadly force against an adversary when he reasonably believes that he is in imminent danger of death or serious bodily injury. Five elements of self-defenseĪs a professor of criminal law, I teach my students that the law of self-defense in America proceeds from an important concept: Human life is sacred, and the law will justify the taking of human life only in narrowly defined circumstances. Some states observe the controversial “ stand your ground” doctrine, as in Georgia – or not, as in Wisconsin – further clouding the public’s understanding on what constitutes an appropriate use of deadly force.
Juries are then asked to determine whether a defendant’s conduct is justified by principles of self-defense or whether the offender is criminally liable for homicide.Ĭomplicating matters is that each state has its own distinct homicide and self-defense laws. Self-defense arguments are often raised during trials involving loss of life. Like Rittenhouse, the three men claimed they were acting in self-defense.
SMART SHOOTER ISRAEL DAGGER TRIAL
The Wisconsin jury disagreed, and its decision may portend a similar outcome in another high-profile case in Georgia, where three white men are on trial for the shooting death of Ahmaud Arbery after they claimed the Black man was a suspect in a rash of robberies.
You cannot claim self-defense against a danger you create.” In delivering its verdict, a Wisconsin jury decided that Rittenhouse’s conduct was justified, even though the prosecution argued that he provoked the violent encounter and, therefore, should not be able to find refuge in the self-defense doctrine.Īs prosecutor Thomas Binger said in his closing argument: “When the defendant provokes this incident, he loses the right to self-defense.
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