Civil Rights | Significant
The World Assembly,
Noting that a person may come across a situation where their safety becomes threatened by another party, and that said person may be required to defend themselves,
Recognizing that while a resolution was passed on this important topic, it has since been repealed to be replaced with a more detailed piece of legislation,
Shocked that no other legislation is currently in place to replace the aforementioned resolution,
Believing that those who respond to such threats with force to protect themselves or others should not be punished for this,
Aware that the possibility exists for persons accused of violent crimes to attempt to claim "self-defence" as a legal defence,
Hereby:
- Defines, for the purposes of this resolution:
- an "aggressor" as a person who attempts to do unlawful physical harm to another person,
- the "act of reasonable defence" to be the use of force that is necessary in a given context to protect a person from an aggressor,
- a "weapon" as any item wielded for the sole purpose of inflicting serious or mortal injury,
- 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 defences,
- a person shall have no defence if the perceived threat was attributable to intoxication or other impairment that was voluntarily induced,
- if a person kills an aggressor in self-defence, they must have reason to believe that their life was in danger through acts or threats by the aggressor and/or the presence of a weapon or weapons,
- Directs the judiciary of member nations, when deciding whether or not the act of defence was reasonable, to consider all relevant factors, including but not limited to:
- the nature of the threat,
- whether there were other means available to respond to the threat,
- the person’s role in the initial interaction,
- any relationship or interaction between the parties prior to the incident,
- the proportionality of the person’s response to the threat,
- whether the act committed was in response to an action that the person knew was lawful
- Permits that one who mistakenly but reasonably believes that they are attacked by an aggressor may use this Act to defeat liability for their act of defence, provided the defence meets the standards of reasonability,
- Reserves the right of member 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 reasonable defence.