Identify and define the four general requirements for a successful modern-day claim of self-defense

What will be an ideal response?


An unprovoked attack: Self-defense is only available in the case of an unprovoked attack. The law of self-defense is designed to afford protection to one who is beset by an aggressor and confronted by a necessity not of his own making; Imminent danger: A successful claim of self-defense can be made only in the face of an imminent threat. This was a requirement at common law and one that has carried forward to the present day with little to no alterations. A threat is considered imminent if it will occur "at the moment of … danger." If a threat has subsided, then self-defense cannot be claimed; Absence of alternatives/Necessity: Self-defense is typically justified when there are no alternatives. Generally speaking, if the person threatened has the option of retreat or otherwise not using force in kind, that is the option that should be pursued.That said, the law in this area is complex and contradictory— and continually evolving. Most jurisdictions do not require retreat, and many have gone so far as to enact so-called stand your ground laws. Proportionality: Subject to a few exceptions, for self-defense to apply, the nonaggressor must use no more force than is necessary to repel the aggressor.

Criminal Justice

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