Self-defense is an act of validation carried out during a court session, in which the accused (defendant) must present strong evidences to counter the physical injury claims of the victim. There are four elements of self-defense, namely: (a) provocative execution of physically harmful act, (b) the imminence of harm, (c) the level of force, and (d) objective certainty of fear or death threat. Laws claiming self-defense against violent charges may vary depending on the jurisdictions, and may require further presentation of more than one element of self-defense introduced for further proof of physical provocation.
Provocation element determines whether the defendant can claim self-defense depending on who triggered a physically harmful act (Storm, 2014). Holland (2014) defines imminent danger as the immediate presence of any physical provocation. The defendant could cite it as a claim for self-defense if he is certain that any form of injury or death could happen to him. The level of force is a measuring stick for certain provocative acts that can result to death. The objective certainty of physical confrontation or death defines how the belief of the potentially threatening situation was reasonable (Shestokas, 2013).
Of all the elements of self-defense explained, the provocation factor has exceptions when claiming self-defense. The aggressor-defendant can still use self-defense as a testimony if (a) the confronted individual uses a much life-threatening force in retaliation than the initial attack the defendant carried or if (b) the defendant escapes from the attack but still chased by the confronted individual. For example, Peter got into an altercation with Paul. Peter pushed Paul, and Paul fell down in the process. Paul pulled a gun from his pocket and tried to kill Peter. Peter was able to prevent Paul from killing him, but he inflicted too much physical damage on Paul. Peter can initially assert his claim of self-defense because Paul pointed a gun at him, but Paul could also use the battery and physical damages he received against Peter. There was imminent danger when Peter and Paul faced off, so both men could present their self-defense claims.
Works Cited
Holland, J. (2014, October 17). The Factors of Self-Defense. Retrieved October 28, 2014, from http://www.bhollandlawfirm.com/blog/the-factors-of-self-defense.cfm
Shestokas, D. (2013, January 25). Affirmative Defenses to Criminal Charges: Self-Defense, Necessity, Entrapment, Insanity & Intoxication. Retrieved October 28, 2014, from http://www.shestokas.com/general-law/affirmative-defenses-to-criminal-charges-self- necessity-entrapment-insanity/
Storm, L. (n.d.). Criminal Law, v. 1.0. Retrieved October 28, 2014, from http://catalog.flatworldknowledge.com/bookhub/reader/4373?e=storm_1.0-ch05_s02
