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self-defense

 
Dictionary: self-de·fense   (sĕlf'dĭ-fĕns')
n.
  1. Defense of oneself when physically attacked: took a course in self-defense.
  2. Defense of what belongs to oneself, as one's works or reputation.
  3. Law. The right to protect oneself against violence or threatened violence with whatever force or means are reasonably necessary.
self-defensive self'-de·fen'sive adj.

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In criminal law, an affirmative defense (e.g., to a murder charge) alleging that the defendant used serious force necessarily for self-protection. The claim of self-defense must normally rely on a reasonable belief that the other party intended to inflict great bodily harm or death and that avoidance by retreating was impossible. See also homicide.

For more information on self-defense, visit Britannica.com.

Law Encyclopedia: Self-Defense
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This entry contains information applicable to United States law only.

The protection of one's person or property against some injury attempted by another.

Self-defense is a defense to certain criminal charges as well as to some civil claims. Under both criminal law and tort law, self-defense is commonly asserted in cases of homicide, assault and battery, and other crimes involving the attempted use of violence against an individual. Statutory and case law governing self-defense is generally the same in tort and criminal law.

A person claiming self-defense must prove at trial that the self-defense was justified. Generally a person may use reasonable force when it appears reasonably necessary to prevent an impending injury. A person using force in self-defense should use only so much force as is required to repel the attack. Nondeadly force can be used to repel either a nondeadly attack or a deadly attack. Deadly force may be used to fend off an attacker who is using deadly force but may not be used to repel an attacker who is not using deadly force.

In some cases, before using force that is likely to cause death or serious bodily harm to the aggressor, a person who is under attack should attempt to retreat or escape, but only if an exit is reasonably possible. Courts have held, however, that a person is not required to flee from his own home, the fenced ground surrounding the home, his place of business, or his automobile.

A person who is the initial aggressor in a physical encounter may be able to claim self-defense if the tables turn in the course of the fight. Generally a person who was the aggressor may use nondeadly force if the victim resumes fighting after the original fight ended. If the original aggressor attacked with nondeadly force and was met with deadly force in return, the aggressor may respond with deadly force.

Courts and tribunals have historically accepted self-defense as a defense to a legal action. As a matter of public policy, the physical force or violence associated with self-defense is considered an acceptable response to aggression.

The same values that underpin self-defense support the defense of property. Generally a person has greater latitude in using physical force in the defense of her dwelling than in the defense of other property. In most jurisdictions deadly force is justified if a person unlawfully enters onto property and the property owner reasonably believes that the trespasser is about to commit a felony or do harm to a person on the premises. Deadly force may also be justified to prevent a burglary if the property owner reasonably believes the burglar intends to kill or seriously injure a person on the premises. However, a person may not, for example, rig a door handle so that any person who enters the dwelling is automatically shot by a gun. (Katko v. Briney, 183 N.W.2d 657 [Iowa 1971]).

Use of deadly force is never justified to protect personal property other than a dwelling. For example, a person would not be justified in shooting a person who is taking an automobile, no matter how expensive. Reasonable nondeadly force may be used to protect such personal property.

A person may use force to defend a third person from attack. If the defender is mistaken, however, and the third party does not need assistance, most jurisdictions hold that the defender may be held liable in civil court for injuries inflicted on the supposed attacker. In criminal cases a defendant would be relieved of liability if she proved she had made a reasonable mistake.

A defendant who successfully invokes self-defense may be found not guilty or not liable. If the defendant's self-defense was imperfect, the self-defense may only reduce the defendant's liability. Imperfect self-defense is self-defense that was arguably necessary but somehow unreasonable. For example, if a person had a good faith belief that deadly force was necessary to repel an attack, but that belief was unreasonable, the defendant would have a claim of imperfect self-defense. In some jurisdictions, the successful invocation of such a defense reduces a murder charge to manslaughter. Most jurisdictions do not recognize imperfect self-defense.

Military Dictionary: self-defense
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(DOD) A commander has the authority and obligation to use all necessary means available and to take all appropriate action to defend that commander's unit and other US forces in the vicinity from a hostile act or hostile intent. Force used should not exceed that which is necessary to decisively counter the hostile act or intent and ensure the continued safety of US forces or other persons and property they are ordered to protect. US forces may employ such force in self-defense only so long as the hostile force continues to present an imminent threat.

Word Tutor: self-defence
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pronunciation

IN BRIEF: n. - The act of protecting your body.

Wikipedia: Self-defense
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Self-defense (or self-defence — see spelling differences) is the act of defending oneself, one's property or the well-being of another from physical harm.[1] The use of the right of self-defense as a legal justification for the use of force in times of danger is available in many jurisdictions, but the interpretation varies widely.[2] To be acquitted of any kind of physical harm-related crime (such as assault and battery and homicide) using the self-defense justification, one must prove legal provocation, meaning that one must prove that they were in a position where not using self-defense would most likely lead to significant injury to life, limb, or property.

In politics, the concept of national or mutual self-defense to counter a war of aggression refers to a defensive war organized by the state and is one possible criterion in the just war theory.

Contents

Physical

Unarmed

Many styles of martial arts are practiced for self-defense or include self-defense techniques. Some styles train primarily for self-defense, while other martial/Combat sports can be effectively applied for self-defense.[citation needed] To provide more practical self-defense, many modern day martial arts schools now use a combination of martial arts styles and techniques, and will often customize self-defense training to suit the participants' lifestyles, occupations, age groups and gender.[citation needed] The practice of combining martial arts styles for competitive sport is most often referred to as Mixed Martial Arts or MMA.

Armed

See also: Castle Doctrine
See also: Less-lethal weapon

In some countries, it is legal to use or carry weapons (for example knives, firearms or batons) for purposes of self-defense. In other countries, this may be illegal or may require a license, or some items may be legal to carry without a license, while others, most commonly firearms, are not. Limitations on the use of weapons for personal defense are a source of controversy in some countries, pitting self-defense rights against efforts to combat violent crime via restricting access to common weapons.[citation needed]

Everyday objects, such as baseball bats or aerosol spray cans, can also be used as improvised weapons for self-defense, but are not likely to be as effective as purpose built weapons. Some non-lethal weapons as the Kubotan have also been built to resemble everyday objects, such as keychains. [3]

Pepper spray and personal stun guns are common less-lethal self defense alternatives. Pepper sprays can have a range between 5-20 feet, and act by delivering a spray or foam containing highly irritating chemicals. Handheld stun guns operate by delivering an incapacitating electric shock, and must actually come in contact with the assailant to be effective, with the exception of tasers which use gas-propelled barbs connected to the taser by conductive wire to deliver the shock.

Other forms

De-escalation

De-escalation is the use of voice, tone, and body language to calm a potentially violent situation before violence actually ensues. Terms such as 'verbal judo'[4] are used in reference to de-escalation, because the verbal tactics are similar to the physical tactics in the martial art of judo.[citation needed]

Avoidance

Being aware of and avoiding potentially dangerous situations is a method of self-defense. Leaving the situation where possible is often considered to be safer than attempting physical contact with an attacker. Due to its non-physical nature, awareness and flight are emphasized in women's self defense classes where it is assumed that the attacker would be larger and stronger than the victim.[citation needed]

Personal alarms

Personal alarms are a way to practice passive self-defense. A personal alarm is a small, hand-held device that emits strong, loud, high pitched sounds to deter attackers because the noise will draw the attention of passersby, they may also be used as sonic weapons to distract an attacker.[citation needed] Child alarms often function as locators or device alarms such as triggering an alert when a swimming pool is in use to help prevent dangerous situations in addition to being a deterrent against would-be aggressors.[5]

See also

  • Hybrid Fighting Method

References


Translations: Self-defence
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Dansk (Danish)
n. - selvforsvar, nødværge

Français (French)
n. - (gén) autodéfense, (Jur) légitime défense

Deutsch (German)
n. - Selbstverteidigung, Notwehr

Ελληνική (Greek)
n. - αυτοάμυνα

Italiano (Italian)
autodifesa

Português (Portuguese)
n. - autodefesa

Русский (Russian)
самооборона

Español (Spanish)
n. - defensa propia, autodefensa, legítima defensa

Svenska (Swedish)
n. - självförsvar, nödvärn

中文(简体)(Chinese (Simplified))
自卫

中文(繁體)(Chinese (Traditional))
n. - 自衛

한국어 (Korean)
n. - 자위, 자기방어, 정당 방위

日本語 (Japanese)
n. - 自衛, 正当防衛

עברית (Hebrew)
n. - ‮הגנה עצמית‬


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Dictionary. The American Heritage® Dictionary of the English Language, Fourth Edition Copyright © 2007, 2000 by Houghton Mifflin Company. Updated in 2009. Published by Houghton Mifflin Company. All rights reserved.  Read more
Britannica Concise Encyclopedia. Britannica Concise Encyclopedia. © 2006 Encyclopædia Britannica, Inc. All rights reserved.  Read more
Law Encyclopedia. West's Encyclopedia of American Law. Copyright © 1998 by The Gale Group, Inc. All rights reserved.  Read more
Military Dictionary. US Department of Defense Dictionary of Military and Associated Words, 2003.  Read more
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