-
I've been in a fight: was it self defence? [Criminal law explainer]
A criminal law explainer on what amounts to self-defence. When is it lawful to use force? What is 'reasonable' and what is 'excessive'? Can pre-emptive strikes be legal?
LBC Radio - http://www.lbc.co.uk
My recommended transcription service for grievances, disciplinaries and interviews - https://go.danielbarnett.com/revSubscribe to my employment law email updates - http://www.danielbarnett.co.uk
Join the HR Inner Circle - https://hrinnercircle.co.uk/
BOOKS
Employment Law Handbook: http://www.employmentlawhandbook.co.uk
Resolving Grievances - https://go.danielbarnett.com/books/grievances
Constructive Dismissal - https://go.danielbarnett.com/books/constructive
Employee Investigations - https://go.danielbarnett.com/books/investigations
Deconstructing TUPE - https://go.danielbarnett.com/b...
published: 30 Dec 2020
-
A Practical Approach to Criminal Procedure
BOOK REVIEW
A Practical Approach to Criminal Procedure
Thirteenth Edition
By John Sprack
Oxford University Press
ISBN: 978-0-19-958600-4
www.oup.com
A MINE OF PRACTICAL ADVICE FOR THE CRIMINAL PRACTITIONER
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
Rumpole of the Bailey was a fiction! Well, we all know that. But what the learned author of this valuable and scholarly book points out is that, however delightful he was as a character, 'John Mortimer's masterly creation' is 'for good or ill (a) stereotype... totally at odds with the truth.'
So, if you're a criminal practitioner, you're no doubt very much aware that good old Rumpole is no role model, at least, not nowadays. What you need instead is detailed knowledge of the law, includ...
published: 08 Apr 2011
-
Linda Thompson speaks at Inquiry on Pornography evidence hearing
Linda Thompson, National Coordinator of the Women’s Support Project, speaks at the third evidence hearing for the APPG on Commercial Sexual Exploitation's Inquiry on Pornography.
published: 09 Feb 2022
-
Self-Defence in Criminal Law
A video lecture for law students studying criminal law in England and Wales.
Self-defence can apply to the person, property and arrest or the prevention of crime. It is now covered by s. 76 Criminal Justice and Immigration Act 2008.
The key question that must be asked is "Was the force used reasonable in the circumstances as the defendant supposed them to be?" This contains an objective test as regards the force being used and a subjective test as regards the context or circumstances.
The objective test requires us to look at both the nature of the force used, such as weapons, as well as the degree of force employed.
The subjective test has proved controversial in the light of Article 2 of the European Convention on Human Rights (the right to life) but allows us to closely examine the ...
published: 16 Jul 2016
-
Part 11
published: 17 May 2024
-
Self Defence and Common Law
Let’s have a look at this complex legal dilemma
Self-defence is a fundamental concept in criminal law, allowing individuals to protect themselves or others from imminent harm and danger.
However, there are situations where the use of force in self-defence results in the death of another person.
In such cases, the law often hinges on whether the defendant genuinely believed they were in danger and whether that belief was reasonable (in the circumstances).
Let’s explores the delicate balance between self-defence, genuine belief, and the legal implications of using deadly force.
We will look at an example where a person’s inability to fully weigh, to a nicety, a situation may still lead to a justifiable self-defence claim under the The Criminal Justice and Immigration Act 2008.
The Doct...
published: 30 Sep 2023
-
Keynote—Immigration, Equal Protection, & the Promise of Racial Justice: The Legacy of Jean v. Nelson
Immigration, Equal Protection, and the Promise of Racial Justice: The Legacy of Jean v. Nelson
Conference Keynote
Friday, October 23, 2020
Learn more at jeanvnelson35.org
Sherrilyn Ifill, President and Director-Counsel, The NAACP Legal Defense and Educational Fund, Inc, in conversation with Kevin R. Johnson, Dean, UC Davis School of Law
Moderator: Gemma Solimene, Clinical Associate Professor of Law, Fordham University School of Law
published: 05 Nov 2020
-
Criminal defences - Self defence & prevention of a crime PART ONE
A guide to the criminal law defences covered by S.3 Criminal Law Act 1967. The guide is aimed at A level students primarily and covers the essential law.
published: 28 Jun 2017
-
The Sentencing Act 2020 - Where Are We Now? - Webinar
to view this full webinar go to http://www.mblseminars.com/18519
published: 07 Nov 2023
-
Criminal Justice Bil Report on BBC Southeast
Criminal Justice Bil Report on BBC Southeast
published: 30 Apr 2008
7:10
I've been in a fight: was it self defence? [Criminal law explainer]
A criminal law explainer on what amounts to self-defence. When is it lawful to use force? What is 'reasonable' and what is 'excessive'? Can pre-emptive strike...
A criminal law explainer on what amounts to self-defence. When is it lawful to use force? What is 'reasonable' and what is 'excessive'? Can pre-emptive strikes be legal?
LBC Radio - http://www.lbc.co.uk
My recommended transcription service for grievances, disciplinaries and interviews - https://go.danielbarnett.com/revSubscribe to my employment law email updates - http://www.danielbarnett.co.uk
Join the HR Inner Circle - https://hrinnercircle.co.uk/
BOOKS
Employment Law Handbook: http://www.employmentlawhandbook.co.uk
Resolving Grievances - https://go.danielbarnett.com/books/grievances
Constructive Dismissal - https://go.danielbarnett.com/books/constructive
Employee Investigations - https://go.danielbarnett.com/books/investigations
Deconstructing TUPE - https://go.danielbarnett.com/books/tupe
All small books - https://go.danielbarnett.com/books
SOME OF MY COURSES AND PRODUCTS:
HR Policies: https://policies2020.com
Getting Redundancy Right: https://gettingredundancyright.com
Employment Law MasterClass tour videos: https://masterclass2019.co.uk
Marketing your Employment Law Practice: https://go.danielbarnett.com/courses/marketing
Deconstructing TUPE (free): https://go.danielbarnett.com/courses/tupe
WHO AM I:
I'm Daniel Barnett, an employment law and HR barrister. I advise and represent clients in employment tribunal litigation. I have my main website (http://www.danielbarnett.co.uk) and work out of a set of Chambers in London (http://www.outertemple.com). I have a weekly podcast (https://go.danielbarnett.com/podcast) and am often asked to speak on the national and international legal and HR lecture circuits. I’ve written about fifteen legal textbooks (the main one is http://www.employmentlawhandbook.co.uk) and run a membership club for smart, ambitious HR Professionals (http://www.hrinnercircle.co.uk). I present the legal hour on LBC Radio, the UK’s leading commercial talk radio station (http://www.lbc.co.uk).
CONTACT ME:
If you’d like to talk, I’d love to hear from you.
Twitter / X: https://twitter.com/daniel_barnett
Mailing list: https://www.danielbarnett.co.uk/site/mailing-list/mailing-list-signup/
Podcast: https://go.danielbarnett.com/podcast
Subscribe to this channel - click ‘SUBSCRIBE’ above
Tweeting @daniel_barnett directly is the quickest way to get a response. Sadly there aren’t enough hours in the day to respond to everyone 😭, but I promise I read all messages.
IMPORTANT INFORMATION:
This video is published by Employment Law Services Limited. The information in this video is for general guidance only and, although the presenters and publisher believe it was correct at the time it was recorded (December 2020), the law may have changed since then. You should always seek your own independent legal advice. Please note that for employment law, the law explained applies to England, Scotland and Wales. For all other areas of law, it applies to England only.
PS: Some of the links in this description are to my own products or are affiliate links that I get a commission from.
https://wn.com/I've_Been_In_A_Fight_Was_It_Self_Defence_Criminal_Law_Explainer
A criminal law explainer on what amounts to self-defence. When is it lawful to use force? What is 'reasonable' and what is 'excessive'? Can pre-emptive strikes be legal?
LBC Radio - http://www.lbc.co.uk
My recommended transcription service for grievances, disciplinaries and interviews - https://go.danielbarnett.com/revSubscribe to my employment law email updates - http://www.danielbarnett.co.uk
Join the HR Inner Circle - https://hrinnercircle.co.uk/
BOOKS
Employment Law Handbook: http://www.employmentlawhandbook.co.uk
Resolving Grievances - https://go.danielbarnett.com/books/grievances
Constructive Dismissal - https://go.danielbarnett.com/books/constructive
Employee Investigations - https://go.danielbarnett.com/books/investigations
Deconstructing TUPE - https://go.danielbarnett.com/books/tupe
All small books - https://go.danielbarnett.com/books
SOME OF MY COURSES AND PRODUCTS:
HR Policies: https://policies2020.com
Getting Redundancy Right: https://gettingredundancyright.com
Employment Law MasterClass tour videos: https://masterclass2019.co.uk
Marketing your Employment Law Practice: https://go.danielbarnett.com/courses/marketing
Deconstructing TUPE (free): https://go.danielbarnett.com/courses/tupe
WHO AM I:
I'm Daniel Barnett, an employment law and HR barrister. I advise and represent clients in employment tribunal litigation. I have my main website (http://www.danielbarnett.co.uk) and work out of a set of Chambers in London (http://www.outertemple.com). I have a weekly podcast (https://go.danielbarnett.com/podcast) and am often asked to speak on the national and international legal and HR lecture circuits. I’ve written about fifteen legal textbooks (the main one is http://www.employmentlawhandbook.co.uk) and run a membership club for smart, ambitious HR Professionals (http://www.hrinnercircle.co.uk). I present the legal hour on LBC Radio, the UK’s leading commercial talk radio station (http://www.lbc.co.uk).
CONTACT ME:
If you’d like to talk, I’d love to hear from you.
Twitter / X: https://twitter.com/daniel_barnett
Mailing list: https://www.danielbarnett.co.uk/site/mailing-list/mailing-list-signup/
Podcast: https://go.danielbarnett.com/podcast
Subscribe to this channel - click ‘SUBSCRIBE’ above
Tweeting @daniel_barnett directly is the quickest way to get a response. Sadly there aren’t enough hours in the day to respond to everyone 😭, but I promise I read all messages.
IMPORTANT INFORMATION:
This video is published by Employment Law Services Limited. The information in this video is for general guidance only and, although the presenters and publisher believe it was correct at the time it was recorded (December 2020), the law may have changed since then. You should always seek your own independent legal advice. Please note that for employment law, the law explained applies to England, Scotland and Wales. For all other areas of law, it applies to England only.
PS: Some of the links in this description are to my own products or are affiliate links that I get a commission from.
- published: 30 Dec 2020
- views: 20874
5:22
A Practical Approach to Criminal Procedure
BOOK REVIEW
A Practical Approach to Criminal Procedure
Thirteenth Edition
By John Sprack
Oxford University Press
ISBN: 978-0-19-958600-4
www.oup.com
A...
BOOK REVIEW
A Practical Approach to Criminal Procedure
Thirteenth Edition
By John Sprack
Oxford University Press
ISBN: 978-0-19-958600-4
www.oup.com
A MINE OF PRACTICAL ADVICE FOR THE CRIMINAL PRACTITIONER
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
Rumpole of the Bailey was a fiction! Well, we all know that. But what the learned author of this valuable and scholarly book points out is that, however delightful he was as a character, 'John Mortimer's masterly creation' is 'for good or ill (a) stereotype... totally at odds with the truth.'
So, if you're a criminal practitioner, you're no doubt very much aware that good old Rumpole is no role model, at least, not nowadays. What you need instead is detailed knowledge of the law, including interpretative case law both to represent your clients effectively and of course to enhance your professional reputation, and that is what we have here.
John Sprack's book, as its title indicates, is indeed a practical approach to criminal procedure and an important legal gem for the trainee barrister. Now in its 13th edition since the first appearance in 1981, it very usefully replaces the previous edition published in 2008 in 'the shadow of the Criminal Justice Act.'
Certainly, in the last three years, a number of important developments have emerged. For example, Sprack cites the growing importance of the Sentencing Council following the Coroners and Justice Act 2009 with its provisions for anonymous and vulnerable witnesses. Then there are the youth rehabilitation orders as set out in the Criminal Justice and Immigration Act 2008, brought into force toward the end of 2009. Also, there has been a new version of the Criminal Procedure Rules containing significant revisions 'of crucial daily importance to practitioners'... and all well covered by OUP's Blackstone Guides.
Over almost 600 pages, 30 chapters and 3 fascinating appendices, this eminently readable volume also provides an expanded section of Confiscation Orders, plus coverage of new case law relating to such issues as abuse of process, tainted acquittals and jury tampering, as well as witness anonymity.
There are copious tables of cases, statutes, statutory instruments and codes of practice -- plus, as you would expect, a useful and lengthy index at the back.
More than just useful, in fact essential, is the final chapter on 'Your Practice' which contains any amount of advice on further research, including practitioners' works... law reports and journals...online sites and further professional training. One of the three appendices includes a sample brief on the type of case the typical practitioner is likely to encounter -- amusing but deadly serious.
The law is stated as at 15 December 2010. In short, it remains a mine of valuable practical and procedural information and advice for the criminal practitioner and those just coming to the Bar.
https://wn.com/A_Practical_Approach_To_Criminal_Procedure
BOOK REVIEW
A Practical Approach to Criminal Procedure
Thirteenth Edition
By John Sprack
Oxford University Press
ISBN: 978-0-19-958600-4
www.oup.com
A MINE OF PRACTICAL ADVICE FOR THE CRIMINAL PRACTITIONER
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
Rumpole of the Bailey was a fiction! Well, we all know that. But what the learned author of this valuable and scholarly book points out is that, however delightful he was as a character, 'John Mortimer's masterly creation' is 'for good or ill (a) stereotype... totally at odds with the truth.'
So, if you're a criminal practitioner, you're no doubt very much aware that good old Rumpole is no role model, at least, not nowadays. What you need instead is detailed knowledge of the law, including interpretative case law both to represent your clients effectively and of course to enhance your professional reputation, and that is what we have here.
John Sprack's book, as its title indicates, is indeed a practical approach to criminal procedure and an important legal gem for the trainee barrister. Now in its 13th edition since the first appearance in 1981, it very usefully replaces the previous edition published in 2008 in 'the shadow of the Criminal Justice Act.'
Certainly, in the last three years, a number of important developments have emerged. For example, Sprack cites the growing importance of the Sentencing Council following the Coroners and Justice Act 2009 with its provisions for anonymous and vulnerable witnesses. Then there are the youth rehabilitation orders as set out in the Criminal Justice and Immigration Act 2008, brought into force toward the end of 2009. Also, there has been a new version of the Criminal Procedure Rules containing significant revisions 'of crucial daily importance to practitioners'... and all well covered by OUP's Blackstone Guides.
Over almost 600 pages, 30 chapters and 3 fascinating appendices, this eminently readable volume also provides an expanded section of Confiscation Orders, plus coverage of new case law relating to such issues as abuse of process, tainted acquittals and jury tampering, as well as witness anonymity.
There are copious tables of cases, statutes, statutory instruments and codes of practice -- plus, as you would expect, a useful and lengthy index at the back.
More than just useful, in fact essential, is the final chapter on 'Your Practice' which contains any amount of advice on further research, including practitioners' works... law reports and journals...online sites and further professional training. One of the three appendices includes a sample brief on the type of case the typical practitioner is likely to encounter -- amusing but deadly serious.
The law is stated as at 15 December 2010. In short, it remains a mine of valuable practical and procedural information and advice for the criminal practitioner and those just coming to the Bar.
- published: 08 Apr 2011
- views: 1300
14:37
Linda Thompson speaks at Inquiry on Pornography evidence hearing
Linda Thompson, National Coordinator of the Women’s Support Project, speaks at the third evidence hearing for the APPG on Commercial Sexual Exploitation's Inqui...
Linda Thompson, National Coordinator of the Women’s Support Project, speaks at the third evidence hearing for the APPG on Commercial Sexual Exploitation's Inquiry on Pornography.
https://wn.com/Linda_Thompson_Speaks_At_Inquiry_On_Pornography_Evidence_Hearing
Linda Thompson, National Coordinator of the Women’s Support Project, speaks at the third evidence hearing for the APPG on Commercial Sexual Exploitation's Inquiry on Pornography.
- published: 09 Feb 2022
- views: 100
20:19
Self-Defence in Criminal Law
A video lecture for law students studying criminal law in England and Wales.
Self-defence can apply to the person, property and arrest or the prevention of cri...
A video lecture for law students studying criminal law in England and Wales.
Self-defence can apply to the person, property and arrest or the prevention of crime. It is now covered by s. 76 Criminal Justice and Immigration Act 2008.
The key question that must be asked is "Was the force used reasonable in the circumstances as the defendant supposed them to be?" This contains an objective test as regards the force being used and a subjective test as regards the context or circumstances.
The objective test requires us to look at both the nature of the force used, such as weapons, as well as the degree of force employed.
The subjective test has proved controversial in the light of Article 2 of the European Convention on Human Rights (the right to life) but allows us to closely examine the particular characteristics of the defendant and how she would view the circumstances. These characteristics include psychological and physical factors as well as the relationship with the victim.
Self-defence is an interesting essay question in the light of the Tony Martin case and self-defence in the context of breaking into someone's home but is more common as part of a scenario or problem question where the student has to consider the full facts of the case and come to their own judgment in response to the objective and subjective tests.
https://wn.com/Self_Defence_In_Criminal_Law
A video lecture for law students studying criminal law in England and Wales.
Self-defence can apply to the person, property and arrest or the prevention of crime. It is now covered by s. 76 Criminal Justice and Immigration Act 2008.
The key question that must be asked is "Was the force used reasonable in the circumstances as the defendant supposed them to be?" This contains an objective test as regards the force being used and a subjective test as regards the context or circumstances.
The objective test requires us to look at both the nature of the force used, such as weapons, as well as the degree of force employed.
The subjective test has proved controversial in the light of Article 2 of the European Convention on Human Rights (the right to life) but allows us to closely examine the particular characteristics of the defendant and how she would view the circumstances. These characteristics include psychological and physical factors as well as the relationship with the victim.
Self-defence is an interesting essay question in the light of the Tony Martin case and self-defence in the context of breaking into someone's home but is more common as part of a scenario or problem question where the student has to consider the full facts of the case and come to their own judgment in response to the objective and subjective tests.
- published: 16 Jul 2016
- views: 34293
0:41
Self Defence and Common Law
Let’s have a look at this complex legal dilemma
Self-defence is a fundamental concept in criminal law, allowing individuals to protect themselves or others fro...
Let’s have a look at this complex legal dilemma
Self-defence is a fundamental concept in criminal law, allowing individuals to protect themselves or others from imminent harm and danger.
However, there are situations where the use of force in self-defence results in the death of another person.
In such cases, the law often hinges on whether the defendant genuinely believed they were in danger and whether that belief was reasonable (in the circumstances).
Let’s explores the delicate balance between self-defence, genuine belief, and the legal implications of using deadly force.
We will look at an example where a person’s inability to fully weigh, to a nicety, a situation may still lead to a justifiable self-defence claim under the The Criminal Justice and Immigration Act 2008.
The Doctrine of Self-Defence
Self-defence is a universally recognised principle that allows individuals to protect themselves from harm.
It acknowledges that in certain situations, the use of force may be necessary to prevent injury or death.
To claim self-defence, one generally needs to demonstrate two key elements:
Genuine Belief: The defendant must genuinely believe that they or someone else faced an immediate threat of serious harm or death. This belief must be honestly held, even if it later turns out to be mistaken honestly held belief.
Reasonable Belief: The belief must also be reasonable, meaning that a reasonable person in the same situation would have perceived the threat similarly and responded with similar force.
The Crossroad between Genuine Belief and Justifiable Homicide
In cases where self-defence results in the death of another person, the concept of genuine belief becomes crucial.
Courts must determine whether the defendant genuinely believed they were in danger, even if that belief later appears unreasonable in hindsight.
This principle aims to protect individuals who acted out of genuine fear, even if their assessment of the situation was flawed (i.e. was wrong).
However, it’s important to note that the legal system does not provide blanket immunity for any use of deadly force based solely on a claimed genuine belief.
The belief must be subject to scrutiny, and the defendant’s actions must be evaluated for reasonableness.
A key element of this assessment is whether the defendant had an opportunity to retreat from the threat, as most self-defence laws require individuals to use deadly force only as a last resort.
The Criminal Justice and Immigration Act (example)
The Criminal Justice and Immigration Act of 2008 introduced changes to the law surrounding self-defence.
Under Section 76, The Criminal Justice and Immigration Act clarified the use of force in self-defence and made it easier for individuals to claim justifiable self-defence.
This section states that a person may use such force as is reasonable in the circumstances that they genuinely believe to be necessary for self-defence.
Importantly, The Criminal Justice and Immigration Act acknowledges that individuals may not always be able to weigh up the necessity of a particular situation in the heat of the moment.
The Criminal Justice and Immigration Act recognises that people can make split-second decisions when faced with threats and that these decisions may not always be perfectly calculated.
Therefore, The Criminal Justice and Immigration Act allows for a more lenient assessment of whether a person acted reasonably in the circumstances they genuinely believed existed.
A Home Invasion
Imagine a scenario where a person is confronted by armed intruders in their home.
They genuinely believe that their life is in immediate danger.
In their panic and fear, they react with deadly force, ultimately resulting in the death of one of the intruders.
Under The Criminal Justice and Immigration Act, even if it later turns out that the intruders were not as dangerous as perceived, the person may still have a valid self-defence claim.
The law recognises that in such high-stress situations, the ability to make nuanced decisions can be compromised.
In summary
Self-defence is a complex legal doctrine that balances the rights of individuals to protect themselves with the need to prevent unjustifiable harm to others.
The concept of genuine and honestly held belief plays a pivotal role in self-defence cases where deadly force is used.
While the belief must be honestly held, it must also be reasonable in the circumstances.
The The Criminal Justice and Immigration Act provides a framework that acknowledges the inherent challenges of assessing threats in high-pressure situations.
It allows individuals to claim justifiable self-defence, even when they may not have been able to weigh up the necessity of a particular situation rationally.
In cases involving self-defence resulting in death, the legal system strives to strike a delicate balance, ensuring that those who genuinely believed their lives were at risk can be protected.
https://wn.com/Self_Defence_And_Common_Law
Let’s have a look at this complex legal dilemma
Self-defence is a fundamental concept in criminal law, allowing individuals to protect themselves or others from imminent harm and danger.
However, there are situations where the use of force in self-defence results in the death of another person.
In such cases, the law often hinges on whether the defendant genuinely believed they were in danger and whether that belief was reasonable (in the circumstances).
Let’s explores the delicate balance between self-defence, genuine belief, and the legal implications of using deadly force.
We will look at an example where a person’s inability to fully weigh, to a nicety, a situation may still lead to a justifiable self-defence claim under the The Criminal Justice and Immigration Act 2008.
The Doctrine of Self-Defence
Self-defence is a universally recognised principle that allows individuals to protect themselves from harm.
It acknowledges that in certain situations, the use of force may be necessary to prevent injury or death.
To claim self-defence, one generally needs to demonstrate two key elements:
Genuine Belief: The defendant must genuinely believe that they or someone else faced an immediate threat of serious harm or death. This belief must be honestly held, even if it later turns out to be mistaken honestly held belief.
Reasonable Belief: The belief must also be reasonable, meaning that a reasonable person in the same situation would have perceived the threat similarly and responded with similar force.
The Crossroad between Genuine Belief and Justifiable Homicide
In cases where self-defence results in the death of another person, the concept of genuine belief becomes crucial.
Courts must determine whether the defendant genuinely believed they were in danger, even if that belief later appears unreasonable in hindsight.
This principle aims to protect individuals who acted out of genuine fear, even if their assessment of the situation was flawed (i.e. was wrong).
However, it’s important to note that the legal system does not provide blanket immunity for any use of deadly force based solely on a claimed genuine belief.
The belief must be subject to scrutiny, and the defendant’s actions must be evaluated for reasonableness.
A key element of this assessment is whether the defendant had an opportunity to retreat from the threat, as most self-defence laws require individuals to use deadly force only as a last resort.
The Criminal Justice and Immigration Act (example)
The Criminal Justice and Immigration Act of 2008 introduced changes to the law surrounding self-defence.
Under Section 76, The Criminal Justice and Immigration Act clarified the use of force in self-defence and made it easier for individuals to claim justifiable self-defence.
This section states that a person may use such force as is reasonable in the circumstances that they genuinely believe to be necessary for self-defence.
Importantly, The Criminal Justice and Immigration Act acknowledges that individuals may not always be able to weigh up the necessity of a particular situation in the heat of the moment.
The Criminal Justice and Immigration Act recognises that people can make split-second decisions when faced with threats and that these decisions may not always be perfectly calculated.
Therefore, The Criminal Justice and Immigration Act allows for a more lenient assessment of whether a person acted reasonably in the circumstances they genuinely believed existed.
A Home Invasion
Imagine a scenario where a person is confronted by armed intruders in their home.
They genuinely believe that their life is in immediate danger.
In their panic and fear, they react with deadly force, ultimately resulting in the death of one of the intruders.
Under The Criminal Justice and Immigration Act, even if it later turns out that the intruders were not as dangerous as perceived, the person may still have a valid self-defence claim.
The law recognises that in such high-stress situations, the ability to make nuanced decisions can be compromised.
In summary
Self-defence is a complex legal doctrine that balances the rights of individuals to protect themselves with the need to prevent unjustifiable harm to others.
The concept of genuine and honestly held belief plays a pivotal role in self-defence cases where deadly force is used.
While the belief must be honestly held, it must also be reasonable in the circumstances.
The The Criminal Justice and Immigration Act provides a framework that acknowledges the inherent challenges of assessing threats in high-pressure situations.
It allows individuals to claim justifiable self-defence, even when they may not have been able to weigh up the necessity of a particular situation rationally.
In cases involving self-defence resulting in death, the legal system strives to strike a delicate balance, ensuring that those who genuinely believed their lives were at risk can be protected.
- published: 30 Sep 2023
- views: 53
1:32:28
Keynote—Immigration, Equal Protection, & the Promise of Racial Justice: The Legacy of Jean v. Nelson
Immigration, Equal Protection, and the Promise of Racial Justice: The Legacy of Jean v. Nelson
Conference Keynote
Friday, October 23, 2020
Learn more at jeanvn...
Immigration, Equal Protection, and the Promise of Racial Justice: The Legacy of Jean v. Nelson
Conference Keynote
Friday, October 23, 2020
Learn more at jeanvnelson35.org
Sherrilyn Ifill, President and Director-Counsel, The NAACP Legal Defense and Educational Fund, Inc, in conversation with Kevin R. Johnson, Dean, UC Davis School of Law
Moderator: Gemma Solimene, Clinical Associate Professor of Law, Fordham University School of Law
https://wn.com/Keynote—Immigration,_Equal_Protection,_The_Promise_Of_Racial_Justice_The_Legacy_Of_Jean_V._Nelson
Immigration, Equal Protection, and the Promise of Racial Justice: The Legacy of Jean v. Nelson
Conference Keynote
Friday, October 23, 2020
Learn more at jeanvnelson35.org
Sherrilyn Ifill, President and Director-Counsel, The NAACP Legal Defense and Educational Fund, Inc, in conversation with Kevin R. Johnson, Dean, UC Davis School of Law
Moderator: Gemma Solimene, Clinical Associate Professor of Law, Fordham University School of Law
- published: 05 Nov 2020
- views: 201
22:53
Criminal defences - Self defence & prevention of a crime PART ONE
A guide to the criminal law defences covered by S.3 Criminal Law Act 1967. The guide is aimed at A level students primarily and covers the essential law.
A guide to the criminal law defences covered by S.3 Criminal Law Act 1967. The guide is aimed at A level students primarily and covers the essential law.
https://wn.com/Criminal_Defences_Self_Defence_Prevention_Of_A_Crime_Part_One
A guide to the criminal law defences covered by S.3 Criminal Law Act 1967. The guide is aimed at A level students primarily and covers the essential law.
- published: 28 Jun 2017
- views: 2141
2:52
The Sentencing Act 2020 - Where Are We Now? - Webinar
to view this full webinar go to http://www.mblseminars.com/18519
to view this full webinar go to http://www.mblseminars.com/18519
https://wn.com/The_Sentencing_Act_2020_Where_Are_We_Now_Webinar
to view this full webinar go to http://www.mblseminars.com/18519
- published: 07 Nov 2023
- views: 42