You cannot legally argue you were acting in self defense when you stab an unarmed person. The courts won’t even let you start that argument. There is nothing that would indicate their life was specifically at risk in that moment.
Armed vs unarmed is not a definitive factor in a self defense case. The criteria are that a defender who 1. reasonably believes they face a 2. credible, 3. criminal, 4. imminent, 5. threat of death or grievous bodily harm, may use any level of force 6. necessary to stop that threat.
An unarmed attacker can, indeed, generate all six criteria required to justify lethal force in self defense.
The jury doesn’t seem to think that happened in this particular case, but it certainly can happen and has happened. Please don’t repeat that nonsense that it can’t.
RowRowRowYourBot@sh.itjust.works 5 days ago
You cannot legally argue you were acting in self defense when you stab an unarmed person. The courts won’t even let you start that argument. There is nothing that would indicate their life was specifically at risk in that moment.
Phil_in_here@lemmy.ca 5 days ago
That’s complete bullshit.
How many manslaughter cases have there been where 2 people get in a fist fight and one of them gets brained on the concrete?
To be clear, the claim that it’s legally indefensible may be true, but your life is absolutely in danger in an unarmed fight
EndlessNightmare@reddthat.com 5 days ago
So if an MMA fighter starts kicking your ass, you aren’t allowed to use a weapon to defend yourself because they are unarmed?
Rivalarrival@lemmy.today 5 days ago
Armed vs unarmed is not a definitive factor in a self defense case. The criteria are that a defender who 1. reasonably believes they face a 2. credible, 3. criminal, 4. imminent, 5. threat of death or grievous bodily harm, may use any level of force 6. necessary to stop that threat.
Reasonable belief, credible threat, criminal threat, imminent threat, sufficient threat, necessity of force.
An unarmed attacker can, indeed, generate all six criteria required to justify lethal force in self defense.
The jury doesn’t seem to think that happened in this particular case, but it certainly can happen and has happened. Please don’t repeat that nonsense that it can’t.