Friday, March 24, 2006

Self-defense laws

There’s being some notoriety taken with regard to a suspected trend in state legislatures’ view of self defense pleas and what justifications there might be for the use of “deadly force” in protecting oneself, home & family. ( article)

Self defense has its basis in law as far back as the Roman empire, but has categorically included characteristics as the use of justified & proportionate force, an imminent threat of death or injury, and an unavailability of escape. Now some of that’s changing, with states like Florida, South Dakota, and, as of last Tuesday, Indiana, extending the qualifiers to include deadly force and eliminate the necessity of attempted retreat. The article above states that 15 other states are considering like legislation. Ohio and Kentucky are among them. (HB 236 and SB 38 in Kentucky) (Indiana bill)

“Battered woman syndrome” is a special case situation of self-defense.

Current self-defense statutes for Ohio, Kentucky, and the former Indiana Code are linked below:

· ORC § 2305.40 (“immunity as to self-defense or defense of others”)
2901.06 (“battered woman syndrome”)

· KRS § 503.050 (“use of physical force in self-protection”)
503.060 (“improper use of force in self-protection”)
503.070 (“protection of another”)
503.080 (“protection of property)

· I.C § 35-41-3-1 (“legal authority”)
35-41-3-2 (“use of force to protect person or property; when deadly force justified)

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