When deadly force is involved : a look at the legal side of stand your ground, duty to retreat, and other questions of self-defense

Title:

Author:

Lawlor, Bruce M., 1948- author.

ISBN:

9781442275287

Personal Author:

Lawlor, Bruce M., 1948- author.

Physical Description:

v, 279 pages ; 24 cm

General Note:

Source of cataloging data: WCP

Abstract:

Misinformation about self-defense rights and laws is what has sparked major debate over the misapplication of lethal force in civilian communities. Bruce Lawlor identifies the major issues in self-defense cases, and the legal approaches used to resolve them. The result is less confusion and greater understanding of what self-defense is, and how to go about determining if a homicide is self-defense or murder.

Contents:

Necessity -- Intent -- Provocation -- Deadly threats -- Verbal threats -- Imminent harm -- Reasonable fear -- Duty to retreat -- Stand your ground -- Castle doctrine -- De-escalation -- Mistake -- Reasonable force -- Threatened -- Decisions.

Subject Term:

Self-defense (Law) -- United States.

Violence -- United States.

Criminal law -- United States.

Homicide -- United States.

Violence.

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Library	Material Type	Call Number	Status	Item Holds
Searching... Sugar Grove - Todd Library	Book	KF9246 .L39 2017	Searching... Unknown	Searching... Unavailable

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Summary

Self-defense, as a legal concept, is easy to describe but difficult to apply. Generally, a person who is without fault may use reasonable force or defensive force for the purpose of defending one's own life or the lives of others, including, in certain circumstances, the use of deadly force, provided there is no reasonable alternative to avoid it. When someone begins to parse the words of this description, however, he or she runs immediately into a maze of self-defense laws that appear to be at odds with each other.

Bruce Lawlor clears up the confusion by identifying the major issues that surface in most self-defense cases and by describing how the law has dealt with them historically. Its purpose is not to provide legal advice, but to illuminate the path that must be taken to decide whether a claim of self-defense is valid. It examines a variety of issues, including the duty to retreat and stand-your ground laws, what is a deadly threat, when is fear of mortal danger reasonable, and even what happens when a person mistakenly shoots some in self-defense.

When Deadly Force Is Involved: A Look at the Legal Side of Stand Your Ground, Duty to Retreat and Other Questions of Self-Defense brings a bit of order to the confusion behind self-defense.

Reviews (1)

Booklist Review

Lawlor, a retired military officer and attorney with a background in security who is also a licensed firearms instructor, presents a straightforward analysis of U.S. self-defense laws by providing a variety of actual cases for readers to consider. By drawing heavily from legal transcripts, Lawlor provides minute-by-minute reviews of the cases, covering the smallest of details that prompted the use of deadly force. From necessity to imminent harm to reasonable force to the now-infamous stand your ground, Lawlor addresses 15 different issues related to self-defense, reviews how cases were or were not prosecuted, and discusses how judges and juries make their decisions. He largely avoids political conclusions, sticking with the facts behind the cases he presents, thus freeing readers from typical gun-related talking points. He strays a bit from this evenhanded approach with a brief reflection on the Trayvon Martin case, however, when he admonishes the media for inaccurate presentations of the shooter, George Zimmerman, while not addressing similar misrepresentations surrounding Martin's behavior. This misstep is unfortunate as, overall, the cases selected are not widely known, and Lawlor's dispassionate approach will be appreciated by those interested in learning about the legal aspects of self-defense.--Mondor, Colleen Copyright 2017 Booklist

Introduction	p. 1
1 Necessity	p. 9
2 Intent	p. 25
3 Provocation	p. 41
4 Deadly Threats	p. 59
5 Verbal Threats	p. 77
6 Imminent Harm	p. 93
7 Reasonable Fear	p. 111
8 Duty to Reheat	p. 127
9 Stand Your Ground	p. 143
10 Castle Doctrine	p. 159
11 De-escalation	p. 179
12 Mistake	p. 191
13 Reasonable Force	p. 207
14 Threatened	p. 223
15 Decisions	p. 239
Notes	p. 257
Bibliography	p. 265
Index	p. 273
About the Author	p. 279

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Reviews (1)

Booklist Review

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