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Proportionality

5 十月, 2015 - 09:29

The defendant cannot claim self-defense unless the degree of force used is objectively reasonable under the circumstances. This requirement primarily focuses on the use of deadly force and when it is legally justified. In general, deadly force can by employed in self-defense when a reasonable person feels threatened with imminent death,serious bodily injury, and, in some jurisdictions, a serious felony. 1 Serious bodily injury and serious felony are technical terms that are defined in a statute or case, depending on the jurisdiction. The Model Penal Code states that deadly force is not justifiable “unless the actor believes that such force is necessary to protect himself against death, serious bodily harm, kidnapping or sexual intercourse compelled by force or threat” (Model Penal Code § 3.04(2)(b)).