Self Defence - A Level Law

Summary

This video delves into self-defense in criminal law, focusing on its use as a defense and its evaluation in essays and scenarios. It covers the legal aspects, including the necessity of reasonable force and the implications of using excessive force, as seen in case studies. The discussion also touches on the 2013 Crime and Courts Act, which broadened the defense for householders, and explores the moral and societal implications of self-defense, including public opinion's influence on legislation and the challenges in determining what constitutes 'reasonable force.'

Takeaways

• 📚 Self-defense is a crucial topic in criminal law, especially in Paper One, and can lead to an acquittal if successfully argued.
• 🏆 The burden of proof in self-defense cases lies with the prosecution to demonstrate beyond a reasonable doubt that the action was not in self-defense.
• 🔍 Self-defense can be used for various reasons including defending oneself, others, property, preventing crime, or assisting an arrest.
• 🤔 The main test for self-defense focuses on the degree of force used, with the Criminal Justice and Immigration Act providing guidelines.
• 🏃‍♂️ Defendants are not expected to measure the exact amount of force used; the key question is whether their response was honestly and instinctively reasonable.
• ❌ Excessive or disproportionate force can lead to self-defense claims failing, as seen in cases like Martin, Clegg, and Bird where the force used was deemed excessive.
• 🏠 The Crime and Courts Act 2013 expanded the defense for householders, allowing the use of excessive force in the home under certain conditions.
• 🚫 There is no duty to retreat in self-defense situations; one can still claim self-defense even if they had the opportunity to escape.
• 👊 Preemptive strikes can be justified as self-defense if there is a genuine belief that one is about to be attacked.
• 🚨 Mistakes made while intoxicated do not qualify for self-defense, as public policy discourages alcohol-related violence.
• 🤷‍♂️ The characteristics of the defendant, such as psychological issues, are generally not considered in determining the reasonableness of the force used.

Q & A

What is the primary focus of the video script?

The video script primarily focuses on the topic of self-defense in criminal law, specifically for the criminal law paper one, and how it can be evaluated in an essay or scenario.

What is the legal position of self-defense in criminal law?

Self-defense is a forward defense in criminal law that, if successfully used, can result in an acquittal of the defendant. The burden of proof lies with the prosecution to prove beyond a reasonable doubt that the action was not done in self-defense.

What are the main reasons for using self-defense according to the script?

The main reasons for using self-defense include defending oneself and others, which are covered by the Criminal Trust and Immigration Act, and common law. Other reasons include defending property, covered by the Criminal Damage Act, and preventing crime or assisting in an arrest, covered by the Criminal Law Act.

What is the significance of the degree of force used in self-defense cases?

The degree of force used is significant as it is covered by the Criminal Justice and Immigration Act. The focus is on whether the force used was reasonable in the situation, considering that the defendant is not expected to weigh the exact amount of force used.

How does the law view the use of excessive force in self-defense?

If too much force is used, it is considered excessive or disproportionate, and the self-defense defense will fail. This is evident in cases where the aggressor was running away or in a similar situation, such as in the Martin Antony case.

What changes were made by the Crime and Courts Act of 2013 regarding self-defense?

The Crime and Courts Act of 2013 expanded the defense available to householders, allowing for the use of excessive force in one's home, which would be considered reasonable and not lead to a failure of the self-defense argument unless it was grossly excessive.

What is meant by 'no duty to retreat' in self-defense law?

The 'no duty to retreat' principle means that a person does not have to take the opportunity to run away if available. They can still use self-defense even if they had a chance to escape, although this might make the use of self-defense less likely to be deemed reasonable.

Can preemptive strikes be considered as self-defense?

Yes, preemptive strikes can be acceptable as self-defense if the person genuinely believes they are about to be attacked. However, the case of DS reference shows that this can be a weak argument and is subject to legal scrutiny.

How does the law treat mistakes made while using self-defense?

Mistakes can be acceptable in self-defense if they are genuine and the person genuinely believed the situation to be as it was. However, intoxicated mistakes are not allowed as self-defense is largely based on public policy reasons to discourage alcohol-fueled violence.

What is the impact of public opinion on the law regarding self-defense?

Public opinion can influence the law on self-defense, as seen with the wider defense given to householders by the Crime and Courts Act of 2013, which was partly a response to media and public demand.

What are some of the moral and legal dilemmas discussed in the script regarding self-defense?

The script discusses the competing moral principles of using violence to defend against violence, the potential unfairness of not considering a defendant's characteristics, and the question of whether self-defense should be an all-or-nothing defense or possibly a partial defense in certain cases.