Self-defense can be defined as having the right to protect or prevent any kind of suffering which comes through violence or force which is being done to defendant by the criminal. The nature of this right can be defined simply but the nature of this right raises several questions and indication towards the attempt of harm while using the claim of self-defense. The common questions raised by such an act are the use of force in self-defense, nature of provoking done when using this right and other options despite of having this right.
Self-defense have been and still being part of the argument due to its nature and the required criteria of self-defense in modern days. Despite the fact that several of the options have been identified I order to protect this right along with the assessment of it when any case comes up I the court but still criticism is being done on its nature. Following are the four requirements which have been agreed upon by several law specialist to recognize the usage of self-defense in modern day:
- Unprovoked attack: it is the requirement applies to defendant in order to prove the validity of using the right of self-defense and the defendant faced the unprovoked attack first.
- Imminent danger: The second requirement requires the defendant to prove that the act against him/her was dangerous enough which created the scenario of using self-defense.
- No other alternative: Defendant must also have to prove that before using the self-defense the availability of other alternatives were not present during that time of attack.
- Reasonable fear: The fourth and the last requirement states that the defendant must prove that the act of predator was dangerous enough which created the fear and the fear leads to the use of self-defense.
In conclusion, the self-defense should be considered the right of every person in order to protect himself/herself from any harm towards her/her well-being. All the four requirements are justifiable but the act of using the self-defense is being done unintentionally and unplanned so the defendant will not be able access other requirements in time of life threatening situation.
Burnham, William. Introduction to the law and legal system of the United States. West Academic Publishing, 2016.