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Self-Defense Laws and Use of Force in Information
Compiled by Katie Turyna
According to the Maryland State Police, in the case of a self-defense situation, you can defend with whatever force is necessary, just as long as this force is not excessive. There is not one law that covers all cases. Each case is investigated independently and results are determined from the findings. Below is an excerpt from an article entitled 1‘Deadly Weapons – How The Law Really Views the Hands and Feet of a Martial Artist’ from Black Belt’s August 2007 issue. Self-defense is a valid defense against assault and battery and, in extreme cases, against wrongful death, manslaughter or murder. Self-defense is applicable as a defense in both civil and criminal suits. Both court systems consider the same type of evidence. However, in civil cases, courts speak in terms of the reasonableness of the combatants’ actions, while in criminal cases, courts look to the language of the criminal statute. Also remember that the burden of proof is different in civil trials and criminal trials. In a civil trial, the victim of an assault need only show the guilt of the attacker by a “preponderance of the evidence” (i.e., “more likely than not”), while in a criminal trial, the prosecutor must prove guilt “beyond a reasonable doubt.” Think O.J. Simpson, who was found not guilty of the criminal charges but was slapped with a huge money judgement in the civil trial. The general rule is that you can use non-deadly force necessary to prevent a threatened harm when you reasonably believe that unlawful force is about to be used on you. You can use deadly force necessary to prevent a threatened harm when you reasonably believe that you’re about to be subjected to unlawful force, which will cause death or serious bodily injury. There’s a minority rule that requires you to retreat-if such an opportunity to retreat in complete safety exists-before using deadly force. Notably, even in those minority jurisdictions, there’s no duty to retreat when attacked in your own home. These rules may seem simple at first glance, but many shady exist in their application. One important element of self-defense is the reasonableness of your actions (i.e., whether it’s reasonable for you to believe that a certain level of force is about to be used against you and whether it’s justified to use a certain level of force to protect yourself). In determining the level of threat, courts look at many factors, including height and weight disparity between the combatants and whether one has brandished a weapon. In most circumstances in which someone comes after you with a deadly weapon, you’d be justified in using deadly force to protect yourself. 1Scott Marrs and Andy McGill, “Deadly Weapons – How The Law Really Views the Hands and Feet of a Martial Artist,” Black Belt, August 2007, 108-112. |
