How is self-defense defined? - Page 2
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Thread: How is self-defense defined?

  1. #11
    Join Date
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    Indiana code
    IC 35-41.

    Synopsis: Firearms and self-defense. Specifies that a person: (1) is justified in using deadly force; and (2) does not have a duty to retreat; if the person reasonably believes that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony. Specifies that a person: (1) is justified in using reasonable force, including deadly force, against another person; and (2) does not have a duty to retreat; if the person reasonably believes that the force is necessary to prevent or terminate the other person's unlawful entry of or attack on the person's dwelling, curtilage, or occupied motor vehicle.

    Effective: July 1, 2006.
    Only when our arms are sufficient, without doubt, can we be certain, without doubt, that they will never be employed....... John F. Kennedy
    Life Member NRA Life Member Marine Corps League

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  3. #12
    97-3-15. Homicide; justifiable homicide; use of defensive force; duty to retreat.



    (1) The killing of a human being by the act, procurement or omission of another shall be justifiable in the following cases:


    (a) When committed by public officers, or those acting by their aid and assistance, in obedience to any judgment of a competent court;

    (b) When necessarily committed by public officers, or those acting by their command in their aid and assistance, in overcoming actual resistance to the execution of some legal process, or to the discharge of any other legal duty;

    (c) When necessarily committed by public officers, or those acting by their command in their aid and assistance, in retaking any felon who has been rescued or has escaped;

    (d) When necessarily committed by public officers, or those acting by their command in their aid and assistance, in arresting any felon fleeing from justice;

    (e) When committed by any person in resisting any attempt unlawfully to kill such person or to commit any felony upon him, or upon or in any dwelling, in any occupied vehicle, in any place of business, in any place of employment or in the immediate premises thereof in which such person shall be;

    (f) When committed in the lawful defense of one's own person or any other human being, where there shall be reasonable ground to apprehend a design to commit a felony or to do some great personal injury, and there shall be imminent danger of such design being accomplished;

    (g) When necessarily committed in attempting by lawful ways and means to apprehend any person for any felony committed;

    (h) When necessarily committed in lawfully suppressing any riot or in lawfully keeping and preserving the peace.

    (2) (a) As used in subsection (1)(c) and (d) of this section, the term "when necessarily committed" means that a public officer or a person acting by or at the officer's command, aid or assistance is authorized to use such force as necessary in securing and detaining the felon offender, overcoming the offender's resistance, preventing the offender's escape, recapturing the offender if the offender escapes or in protecting himself or others from bodily harm; but such officer or person shall not be authorized to resort to deadly or dangerous means when to do so would be unreasonable under the circumstances. The public officer or person acting by or at the officer's command may act upon a reasonable apprehension of the surrounding circumstances; however, such officer or person shall not use excessive force or force that is greater than reasonably necessary in securing and detaining the offender, overcoming the offender's resistance, preventing the offender's escape, recapturing the offender if the offender escapes or in protecting himself or others from bodily harm.


    (b) As used in subsection (1)(c) and (d) of this section the term "felon" shall include an offender who has been convicted of a felony and shall also include an offender who is in custody, or whose custody is being sought, on a charge or for an offense which is punishable, upon conviction, by death or confinement in the Penitentiary.

    (c) As used in subsections (1)(e) and (3) of this section, "dwelling" means a building or conveyance of any kind that has a roof over it, whether the building or conveyance is temporary or permanent, mobile or immobile, including a tent, that is designed to be occupied by people lodging therein at night, including any attached porch;


    (3) A person who uses defensive force shall be presumed to have reasonably feared imminent death or great bodily harm, or the commission of a felony upon him or another or upon his dwelling, or against a vehicle which he was occupying, or against his business or place of employment or the immediate premises of such business or place of employment, if the person against whom the defensive force was used, was in the process of unlawfully and forcibly entering, or had unlawfully and forcibly entered, a dwelling, occupied vehicle, business, place of employment or the immediate premises thereof or if that person had unlawfully removed or was attempting to unlawfully remove another against the other person's will from that dwelling, occupied vehicle, business, place of employment or the immediate premises thereof and the person who used defensive force knew or had reason to believe that the forcible entry or unlawful and forcible act was occurring or had occurred. This presumption shall not apply if the person against whom defensive force was used has a right to be in or is a lawful resident or owner of the dwelling, vehicle, business, place of employment or the immediate premises thereof or is the lawful resident or owner of the dwelling, vehicle, business, place of employment or the immediate premises thereof or if the person who uses defensive force is engaged in unlawful activity or if the person is a law enforcement officer engaged in the performance of his official duties;


    (4) A person who is not the initial aggressor and is not engaged in unlawful activity shall have no duty to retreat before using deadly force under subsection (1) (e) or (f) of this section if the person is in a place where the person has a right to be, and no finder of fact shall be permitted to consider the person's failure to retreat as evidence that the person's use of force was unnecessary, excessive or unreasonable.

    (5) (a) The presumptions contained in subsection (3) of this section shall apply in civil cases in which self-defense or defense of another is claimed as a defense.


    (b) The court shall award reasonable attorney's fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant acted in accordance with subsection (1) (e) or (f) of this section. A defendant who has previously been adjudicated "not guilty" of any crime by reason of subsection (1) (e) or (f) of this section shall be immune from any civil action for damages arising from same conduct.


    Basically: No duty to retreat, civil protection, assumed self defense.. you're good to go in your home, car, or place of business.
    Last edited by cmurphy; 04-22-2008 at 10:55 AM.

  4. #13
    North Dakota has castle doctrine and has stand your ground law.

  5. #14
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    Not quite sure what this thread is really seeking that is not available on the USA Carry information summaries but a quick answer for most states is simply your response to the presumption of imminent threat of death or great bodily injury and, as mentioned in replies, Castle Doctrine, where the presumption is granted for forced entry in your occupied home or vehicle. Personally I find stand your ground to be a bit closed to alternative ways of avoiding any kind of self-defense confrontation that could result in a shooting--ie. try running away first or backing up, if feasible--the "if" is a big word in this but stand your ground seems not to care about it.

  6. #15
    Is there a model Castle Doctrine anywhere that is useful for sending to lawmakers in states that don't have one so they understand what it means and have something to start from?

  7. #16
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    Hey alternety: Go to the USA summaries for South Carolina. Seems to me that their wording for Castle Doctrine and, what appears to be prosecutors support of same when such incidents occur is probably as good as it gets.
    S.C Code of Laws Title 16 Chapter 11 Section 16-11-440 (A). www.scstatehouse.gov-LPITS

  8. #17
    Quote Originally Posted by kelcarry View Post
    Hey alternety: Go to the USA summaries for South Carolina. Seems to me that their wording for Castle Doctrine and, what appears to be prosecutors support of same when such incidents occur is probably as good as it gets.
    S.C Code of Laws Title 16 Chapter 11 Section 16-11-440 (A). www.scstatehouse.gov-LPITS
    Thanks, but bad link.

  9. #18
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    Hey alternety: Just use South Carolina Legislature Online and look for SC laws and go to the chapter and clauses that I mentioned. Hope it helps. Probably can find this off the USA Carry site itself under South Carolina.

  10. #19
    Yes, thanks. I just mentioned the link fyi.

  11. #20

    Self defense laws of all 50 States-book

    If you want, go to this sight Mitch Vilos**|**Author**|**Books written by Mitch written by a lawyer that has done tons of research on each state, the book is worth its weight in bullets if you travel, or want to travel. written by Mitch Vilos. Tell him Mark Shean sent you.

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