8/12/2019 My Contention

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C1: Self-defence is not against the law.

Representatives of Criminal Law [Department at the National Paralegal College]. Retrieved from: Self Defence

 National Paralegal College, n.d. Web. 25 Oct. 2013

<http://nationalparalegal.edu/public_documents/courseware_asp_files/criminalLaw/defenses/SelfDefense.asp>. 

Self defence is the right of a person to protect oneself with reasonable force against another person who is

threatening to inflict force upon one's person. In all cases where the defendant uses self defence as a defence

to a charge of assault or battery, the following five elements must be proven.  First, the defendant must prove that he reasonably believed that his act was necessary to defend

himself. This defence is available even if it turns out that the defendant did not actually need to defend himself. As long as he reasonably

believed that he needed to defend himself, he will be able to use this defence.

  Second, the  defendant must show that he reasonably believed that he was being threatened with

physical harm.

  Third, the defendant must show that the threatened harm was imminent.

  Fourth, the defendant must show that he reasonably believed that the threatened harm was unlawful.  

  Fifth, the  defendant must show that the threatened harm was of such a nature that it actually

required the level of force that the defendant used.Although these five elements must be proven in any instance in which the defendant claims self defence,  one other element must be proven

when the defendant has used deadly force on the victim. In such a situation, the defendant must additionally showthat he reasonably believed that the other person was about to inflict death or serious bodily harm on

him and that the deadly force he used in self defence was necessary  to prevent the death or serious bodily harm with which he was

threatened. 

Therefore, the five elements of self defence exist to justify why it is necessary to use deadly force as adeliberate response to domestic abuse. It is not an aggregated attack on the victim’s part in any way, but ratherthe very instinctive reaction to which human nature is bonded to: flight or fight. The law cannot dictate

morality, but can only deliver justice in the best method possible. If wrong doing has been done on one part

then the other side is justified in equal retaliation. Especially when the victim cannot perform a duty to retreatself-defence is the only way to go. Once the state fails in its duty to prevent abuse (as is with REPEATED

domestic abuse), the state shall be dissolved and individuals provide their own protection. Such is the nature ofthe social contract theory. The goal is not to cause death, but to prevent further damage from being done. If

death does happen, it should be taken into consideration that such an event was not intended. Then again, ifdeath was an effect, that says something about the cause. Self-defence doesn’t necessarily have to end in death

unless the aggregator was causing severe harm.