From: Close Protection World
"THE DEFENSE OF PRIVATE DEFENSE:
Private Defense includes both self-defense and the defense of a third party
These concepts are common law concepts and as such valid universally!
This defense attacks the state of mind arm of a crime providing a complete defense against successful prosecution.
REQUIREMENTS OF THE PHYSICAL HARM:
-Threat of physical harm is unlawful
-Threat of physical harm is against you or another's legal interest
-Threat of physical harm is occurring or objectively imminent
REQUIREMENTS OF THE COUNTER MEASURES:
-Directed at the perceived attacker or agent thereof
-Objectively necessary to have acted at all or in that way
-Action was commensurate to the harm threatened
-Where aware of the fact that you were acting in Private Defense
THE DEFENSE OF NECESSITY:
The Defense of Necessity allows you to harm an innocent a third party (Defeats Terror)
These concepts are common law concepts and as such valid universally!
This defense attacks the state of mind arm of a crime providing a complete defense against successful prosecution
Fault is attributed to the Assailant - moral blame is yours to assimilate
REQUIREMENTS OF THE PHYSICAL HARM:
-Threat of physical harm is unlawful
-Threat of physical harm is against your or another`s legal interest
-Threat of physical harm is occurring or objectively imminent
-You are not the author of your own misfortune
REQUIREMENTS OF THE COUNTER MEASURES:
-Objectively necessary to have acted at all or in that way
-Action was commensurate to the harm threatened
-Where aware of the fact that you were acting out of necessity"
Example
You are escorting your principal through an open field, there is no way for you to get to cover, there is only one way to protect the live's of your team and that of your principals. A man using a small female child as a shield, whilst wielding an assualt rifle jumps up from behind a low wall to your right. What are your options before he starts to systematically off your team?
1) You're an hero... You shield your principal as your team engages. You all die in the procces.
2) As you are legal allowed, you shoot through the little girl killing her and killing the threat. Your team is safe and so too is your principal, other then emotion issues, sorted. You will more then likely be arrested, but the case will be dismissed because you exercised your legal rights. You have to live with it, but it's legal.
Still a dilema nonetheless, but at least now you know your legal rights.
~武德为首, Martial Art Virtue comes first
"THE DEFENSE OF PRIVATE DEFENSE:
Private Defense includes both self-defense and the defense of a third party
These concepts are common law concepts and as such valid universally!
This defense attacks the state of mind arm of a crime providing a complete defense against successful prosecution.
REQUIREMENTS OF THE PHYSICAL HARM:
-Threat of physical harm is unlawful
-Threat of physical harm is against you or another's legal interest
-Threat of physical harm is occurring or objectively imminent
REQUIREMENTS OF THE COUNTER MEASURES:
-Directed at the perceived attacker or agent thereof
-Objectively necessary to have acted at all or in that way
-Action was commensurate to the harm threatened
-Where aware of the fact that you were acting in Private Defense
THE DEFENSE OF NECESSITY:
The Defense of Necessity allows you to harm an innocent a third party (Defeats Terror)
These concepts are common law concepts and as such valid universally!
This defense attacks the state of mind arm of a crime providing a complete defense against successful prosecution
Fault is attributed to the Assailant - moral blame is yours to assimilate
REQUIREMENTS OF THE PHYSICAL HARM:
-Threat of physical harm is unlawful
-Threat of physical harm is against your or another`s legal interest
-Threat of physical harm is occurring or objectively imminent
-You are not the author of your own misfortune
REQUIREMENTS OF THE COUNTER MEASURES:
-Objectively necessary to have acted at all or in that way
-Action was commensurate to the harm threatened
-Where aware of the fact that you were acting out of necessity"
Example
You are escorting your principal through an open field, there is no way for you to get to cover, there is only one way to protect the live's of your team and that of your principals. A man using a small female child as a shield, whilst wielding an assualt rifle jumps up from behind a low wall to your right. What are your options before he starts to systematically off your team?
1) You're an hero... You shield your principal as your team engages. You all die in the procces.
2) As you are legal allowed, you shoot through the little girl killing her and killing the threat. Your team is safe and so too is your principal, other then emotion issues, sorted. You will more then likely be arrested, but the case will be dismissed because you exercised your legal rights. You have to live with it, but it's legal.
Still a dilema nonetheless, but at least now you know your legal rights.
~武德为首, Martial Art Virtue comes first
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