Denathor wrote:OOC: The nuances of law are not my forte, so I’m a bit stuck on how exactly to proceed. Here’s what I’ve done so far, any suggestions/criticism would be helpful:
2. Mandates that the act of reasonable defence of oneself shall not be criminalized, shall be accepted, unless disproved, as a legal justification for the use of force, and shall not be subjected to greater evidentiary burdens than other affirmative defencesThere's already the requirement that self defence shall not be subjected to greater evidentory burdens then other affirmative defenses. Bringing in preponderance of evidence and beyond reasonable doubt just contradicts that., so long as a preponderance of the evidence supports the claim,
3. Affirms that it is the responsibility of the prosecution to refute the claim of reasonable self-defence by proving beyond a reasonable doubt that the alleged aggressor did not offer any provocation or that more force than could reasonably be believed to be necessary was used in the act of self-defence,
also I would strike the examples in 4 both of those restrictions would interfere with reasonable self defense to such a degree that they effectively give a court carte blanche to ban an act ex post facto
Permits nations to pass legislation to set restrictions on what actions may be considered reasonable for a defence such that they do not interfere with a person’s ability to commit the basic act of defence, such as forbidding lethal force unless it is clear that the aggressor intends to cause death or forbidding certain types of weapons to be used in the act of reasonable defence.
I refer you back to my orginal post on the topic. Since it seems the issue has snuck back in.
Aclion wrote:Reasonable force isn't really the standard you want to be using anyway. It's an invitation for judicial activism, ablest, and treats acts of desperate self defense as offences to the terms of some kind of vile duel set by the aggressor.
You don't want to give a judge sitting behind a bench the power to second guess whether a women could have overpowered her rapist instead of shooting him, and you definitely don't want to give them the power to tell her she should have just lay down and take it because stopping it wasn't worth taking a life.