What is a crime? According to Webster's Dictionary as "An action or negligence that is deemed injurious to the public welfare or morals or to the interest of the state and that is legally prohibited." (Random House Webster's 476) But most laypersons understand crime as an offense committed against them. The offense or injury can be committed by one or more people and the effected can be a single person or multiple people. Definitions assist in understanding how this world works. Crimes vary from someone stealing lollipops from a five year old to intentional murder of an individual for a variety of reasons.
Self defense focuses on protecting one's immediate person or a group of people from immanent physical harm. That takes such things as property crimes, fraud, ex cettera off the table for now. Crimes that directly affect the personal physical safety from harm remain on the table. These crimes usually vary from assault to attempted murder. If a person is murdered, then their protection methods failed and the issue is that of the surviving family members and the state to handle.
Definitions for certain crimes are listed below. Please keep in mind that these are from the Random House Webster's Dictionary and do not in any way constitute legal advise or opinion. Please refer to proper counsel when formulating specific questions of law. The Commonwealth of Pennsylvania's legal code contains definitions that may or may not vary from Websters. This information provides a place to begin your search. It does not and will not constitute legal advise.
Assault: The crime or tort of threatening or attempting to commit immediate offensive physical contact or bodily harm. Merriam Webster dictionary of Law 1996.
Battery: The crime or tort of intentionally or recklessly causing offensive physical contact or bodily harm that is not consented to by a victim. (dictionary.com Merriam Webster.)
Attempted Rape: unsuccessful attempt to rape a victim.
Rape: Unlawful sexual activity and usually sexual intercourse carried out forcibly or under threat of injury against the will usually of a female or with a person who is beneath a certain age or incapable of valid consent. (Miriam Webster Dictionary: Rape. Legal Definition Source: www.dictionary.com)
Attempted Murder: An attempt to commit murder, though the victim survives.
Murder: The unlawful and unjustifiable killing of another under circumstances defined by statute. (Merriam Webster Dictionary: Murder. Legal Definition Source: www.dictionary.com)
Please keep in mind that crimes not covered in this post involve property crimes and should be handled by duly appointed authorities.
There is before contact and during contact. If someone threatens action or attempts to attack, then assault. If someone make successful contact, then assault and battery. Some jurisdictions shortened this from assault and battery to assault.
A live victim makes a heinous enough assault attempted murder; a successful murder means that the victim becomes an inanimate object.
Some individuals define rape as a "sex crime." While the crime's nature remains sexual, rape has less to do with sex and more to do with power. The act of taking control of another human being and harming them motivates some attackers. A defender must be ready to so what is necessary to stop the attack. Keep in mind that some individuals believe that it is about the clothing or other factor concerning the defender. It is not; it has always been about power.
Please keep in mind if a defender goes beyond the equal force doctrine, the defender may be subject to legal action. Different states and countries use different doctrines and enforce laws differently. Please refer to that country's specific legal code and legal system for laws concerning self defense in that country. This article is only meant to provide basic information and does not constitute legal advice. Please seek the council of a qualified lawyer in your community for all the laws that apply to your locality and state.
As this writer learns more concerning the legal system and its twists and turns, indirectly through legal council, this blog will be updated.
Subscribe to:
Post Comments (Atom)
0 comments:
Post a Comment