Thesis on "Weapons Personal Protection Equipment and Use of Force"

Thesis 5 pages (1473 words) Sources: 3 Style: APA

[EXCERPT] . . . .

Criminal Justice - Personal Security

PERSONAL and PHYSICAL SECURITY and USE-of-FORCE ISSUES the Statutory Right to Self-Defense:

As far back as English Common Law, necessary self-defense (including killing in certain circumstances) mitigated or completely eliminated criminal responsibility (Dershowitz 2002). In the contemporary United States, the laws of every state include self-defense as an affirmative defense to violent actions necessary to protect one's self from an unlawful physical attack. That particular defense is known more generally as the right to self-defense, although technically, it is not a "right" but a defense to a criminal charge (Dershowitz 2002).

The precise definition of the so-called "right of self-defense" and the exact nature of the specific elements differs from state to state; whereas some states authorize one to stand and defend one's self, other require the victim of an imminent physical attack to first retreat as far as reasonably possible before violent action is justified to prevent an attack (Schmalleger 2001). Generally, one does not have any duty to retreat in one's own home, or while being robbed or raped; nor must one actually suffer a first blow before reacting in self-defense.

In those situations, a victim is justified even in using deadly force. However, even in such cases, justified acts of self-defense must occur in the immediacy of the event itself and not subsequently: therefore, a woman may use deadly force to protect herself from rape that is either imminent or already in progress; she may not use deadly force an hour later, such as after retrieving a weapon from home and then returning to confront her attacker (Dershowitz 2002).

The right to defend one's self varies substantially with the context in which it arises and hinges most directly on the relative appropriateness of the nature of the actions undertaken in self-defense (Schmalleger 2001). Where the nature (or degree) of violence or bodily harm caused by actions of self-protection is much more extensive than the type (or degree) of those threatened or reasonably feared, even actions initially justified as self-defense become subject to criminal prosecution. One who is physically attacked with fists may not ordinarily respond with a firearm, unless the circumstances of the attack, such as the physical similarity or disparity between the victim and assailant, their relative abilities, experience, and age.

Furthermore, the fear upon which the act of self-defense is predicated must be reasonable too. A large individual who is an accomplished fighter may not use more force than absolutely necessary to repel a feeble attack by a much smaller and completely unskilled attacker who poses no actual physical threat to the larger victim, even if he strikes first. On the other hand, if the large victim truly believed that the attacker was an expert martial artist, he would be entirely justified in responding with a higher level of force to protect himself (Schmalleger 2001). Likewise, there is a very distinct line between actions necessitated as appropriate measures of self-protection and self-defense efforts that cross the line between "defense" and retaliation. Once the initial attack ceases, no further violent action of the victim is protected by the self-defense concept. In fact, an attacker who indicates that he is withdrawing from any continued altercation may also acquire a right to defend himself, such as where the initial victim persists in retaliation for the original attack or escalates the level of violence or threatened type of harm in response to a first attack.

In principle, the right to defend one's self does not extend to anything beyond the minimum amount (and type) of force reasonably necessary to prevent great bodily harm and even justified acts of self-defense must cease the instant an offensive attack ends.

The Principle of the Use-of-Force Continuum:

In law enforcement, the right of a peace officer to use force to effect a lawful arrest also varies with the context and circumstances of every situation (Schmalleger 2001). Police officers are trained to employ the minimal amount of force necessary to accomplish their objectives; in most agencies, this concept is represented and taught as the Use-of-Force Continuum (UOFC) that calls for a specific ascending order of potentially dangerous techniques and equipment deployed (McCauley, 2005).

The lowest levels of the UOFC consist of the police officer's physical presence (known as "command presence"), voice commands, and "light hands" techniques for guiding individuals into compliance with lawful instructions. Only when the lowest levels of force on the UOFC fail… READ MORE

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