I was weak, always bullied by others. So I often longs to be a superman, give me a revenge ability. This study American law, just know, not Superman, still can live with dignity. Anyone who threatens you, put him in. Good America law. God America law is to protect the weak.

Such a good article, recommend. Future will have the opportunity to American go, don't bully people.

 

 

America type of self-defense

 

 

        1984Years USA subway case a sensation in the world

 

Americans often use deadly violence in self-defense, all sounds like a murder suspect, however, most are not subject to criminal punishment.

 

 

From a historical point of view, with Chinese, Britain, Canada and other countries have adopted a legal interpretation of relatively conservative of self-defense, the purpose is not to civilian freely to law enforcement, for example, in the UK and Canada, people carrying guns or knives often punished; the last century ninety's, the Canadian Parliament by relevant laws and regulations, recovery (and there is no economic compensation) over civilian hands50% of legal firearms, reason is the type of guns is too small, can be used for self defense. These countries seem to think that the national police has sufficient capacity to protect the people, is really make an unnecessary move personal fear their own safety, their attitude to self-defense is recognized but not encourage.

 

Only in USA, justifiable defense is a truly worthy of legal phenomenon, its vitality and transmutation of all people as the acme of perfection. China self-defense is divided into the justifiable defense and excessive defense, while in the America, self-defense are usually classified as self-defense and forgive the defense, the two generally do not need to bear the legal liability. But the responsibility is not reasonable self-defense only need to assume a certain degree of responsibility, but this probably co.. Moreover, even if the judge believes that self-defence unreasonable, the jury also tend to ignore this set, to make a judgment for the defendant, which makes the justifiable defense America has become more complex.

 

According to Chinese present standard, justifiable defense is not just American, American defense tend to use deadly force, and each one sounds like a murder suspect, however, that most of them do not have to accept the punishment, or the sentence is approximately equal to zero, such as the following in the Janisza J case, Janice killed his sleep the husband, the judge sentenced to one year, she is too long, it really was lost punishment. Compared with other countries in the world, American defense condition is perhaps the most relaxed, why American will form the principle of self-defence that dwell on it at greater length.

 

They protect their own safety

 

 

In American, once encountered legal issues, people first thought is to turn to the America federal constitution, in any case, as long as they can with the constitution of hanging hook, its chances of success will be much larger. The case is no exception. In fact, the Federal Constitution did not refer directly to the justifiable defense, but the second amendment: "the people to keep and bear arms, shall not be infringed upon the rights of." This provision was extended to the justifiable defense principle. The second amendment to the bill of rights category, it gives people a lot of inviolability of the basic rights, which makes America civilians in any time more confident, never to be at the mercy. The Canadian recovery gun law, if it happens at America, would cause a hissing. If the police come to reclaim, nine in ten will cause a person armed revolt.

 

To formulate the second amendment to the constitution was originally in order to resist the invasion of the British army, its text is "a well regulated militia is necessary to security of a free state, the right of the people to keep and bear arms shall not be infringed." However, two hundred years later, the law was Americans used to deal with equal status of civilians and America government, that the founders would be unexpected. However, although the case is slightly out of shape, the second amendment or accurately reflects the founding fathers on the rights of the individual trust. In those days, they stress the importance of armed civilians, is out of the regular army offensive, militia although loose, inefficient, but at least it is not easy to be a tyrant control. They believe that civilian revolutionary America reason, do not think that power to the individual will cause more damage.

 

However, the individual is worth the trust? Over the past two hundred years, the private possession of weapons (especially guns) behavior really give USA society brought security problems are increasingly serious, many shootings allow people to American daunting. However, on the other hand, people tend to neglect is, America ordinary crime rate is due to the personal gunmen and inhibited. According to a statistics, America homicide than Canada five times, but the Canadian burglary cases than America twice, three times more than the USA rape. What does that prove? Probably because Americans widely held guns, attempt to rob or rape person also greatly convergence, criminals potential does not want to petty profits or momentary gratification will lose their lives. This positive personal possession of weapons can not be ignored.

 

Americans have a strong sense of individualism, the government holds the contradiction psychology do not trust. From the original founders to today's civilians, this idea and no substantial changes. Their idea is, the less the government tube is better government, instead of allowing others to protect themselves, not to defend ourselves, as to whether they will abuse their rights, Americans would sniff at, think this is in contempt of their IQ, they can establish such a great country, is also a lack of ability to distinguish right from wrong and self-control? A USA policewoman article "refuse to be a victim is again" is the best expression of this point of view, since the female police about his years of experience and see all kinds of security problems, in the end, she announced, in order to avoid becoming victims again:

 

I will not argue to announce my faith in God, and the faith of their holdings and gun rights.

 

I will personally safety problems in the care of his own.

 

I will not rely on government, police or other people to protect themselves.

 

I will always abide by the gun laws.

 

I will always be alert to their surroundings.

 

I'm not because they carried guns are dangerous to provoke unnecessary.

 

I'll try and keep for yourself as a Americans have the right to hold and carry guns to fight.

 

I will always, always carry guns. "World Expo" published

 

 

"Hanging judge" case

 

 

Source:(http://blog.sina.com.cn/s/blog_4da7f8660100espk.html) - America type of self-defense_Scandinavia_Sina blog

The second amendment to the constitution of the American spirit of independence, laid the theoretical foundation of self-defense, Americans, however, as an officially recognized principles of law, until the end of nineteenth Century, self concept began to gain general acceptance. This process has been American Supreme Court guidance and promotion.

 

In nineteenth Century ninety in the early 1980s, western Arkansas judge Parke sure some depressed mood, not because he was assigned to such a savage (in fact he has been gradually adapted to the frontier of life), but because America Congress on him more and more, constantly take all kinds of methods to cut his jurisdiction, and the highest American the court is directly rejected much of his death sentence, got him into disrepute.

 

As the saying goes, "for troubled times, with severe", then Arkansas still belongs to the new area, the jurisdiction of judge Parke and just across the reservation Indians, characteristics of this area is the population of clutter and strong liquidity, family members of new immigrants, be meddlesome alcoholic gambler, the fugitive, the horse thief, bootleg liquor dealers, black, white, Indians, many species of gathered here, let the judge Parke busy fulminate with anger. He worked six days a week, ten hours a day, but the results for the distrust of the Supreme Court, will inevitably feel wronged. However,1875Years9Month, judge Parke once hanged6Personal, journalists around the pour in, they then report shocked the people of the whole country, Parke also won the "hanging judge" title. In the21Years of trial, judge Parke13490Case, the9454A conviction,160One was sentenced to be hanged,79People were really hanged on the gallows, according to statistics, he was sentenced to death American history most judges. Perhaps the western Arkansas is indeed a crime perched together in the region, but American is a cautious punishment state, the trial principle is "rather pass three thousand, do not mistake a person", in the judicial environment, serious practice judge Parke will not be accepted.

 

1889Years, USA Congress passes laws, the Supreme Court review from in the Western District of Arkansas all death penalty cases. From this time to1896Parke's death, the Supreme Court review of Parke44A death sentence, revocation of the31A death penalty case, these are9Cases involving self-defense, all revoked the death sentence. The reason for causing this result, because Parke is the judge did not justifiable homicide with other murder accurately divided. In the process of review of these cases, the Supreme Court to USA consciousness must be clearly defined the principle of self-defense, so as to give effective guidance to their judges'. Can say, it is in the process with judge Parke battle, the Supreme Court established the principle of self-defense American type.

 

Let us have a look of Parke's several cases of self defense.1894Years of fruit test cases, thin fruit have contradiction between the victim and strong, once the threat, on the same day, two people meet in the billiard room and quarrel, the two sides out of the billiard room, results in the gun head, then bursts of two shot him. The Supreme Court held that a defensive factors in this case, judge Parke provide the wrong instructions to the jury, he said the results carried a pistol, which can be regarded as he has attempted premeditated murder. But the instructions to the second amendment to the constitution conflict, individual right to bear arms. The death penalty is revoked, the fruit is commuted to four years in prison. In another case, the defendant has been with his wife separated to see another man to climb in the bedroom window to his wife, he had to fight the lover, lover was killed, the defendant fled years to be caught, Parke think escape behavior of defendant itself evidence of his guilt, and he it can retreat, killing is not necessary, therefore can not claim of self-defense. Common law has such a tradition, the judge, when faced with a threat, if a party at his home, he would not have to retreat to escape danger, can take the positive counter, otherwise, he must choose to retreat rather than fight. However, the Supreme Court held that a husband does not need to comply with the principle of withdrawal in the face of lover, escape is not proof of guilt, innocent people because of fear they may choose to flee. Also, in cases involving the police, Parke think criminals is not self-defense, the Supreme Court recognized, even criminals have the right to self-defence. "World Expo" published

 

 

The principle of self-defence of justice Holmes

 

 

 

Justice Holmes (Oliver Wendell Holmes, Jr) is a legend American legal history. He was born in Boston intellectual aristocratic family, took part in the civil war, his rich knowledge, concise statement appalling, during his tenure in the USA supreme court laid the localization of a series of legal tradition. Back then, his verdict just out, will be circulated, a good writings make people copy them. The judge is long, live94Years old, served as a judge of the Supreme Court to90Years old, was a symbol of people behoove hailed as America spirit. The legal view of American defense get further elaboration and development in his hands.

 

Judge Parke died since more than 20 years, the Supreme Court almost pay no attention to the justifiable defense cases, until1921Years, a man named Brown again attracted their attention. Brown had two times by Hermiz with a knife attack, one day, Hermiz once again put a knife attack him, Brown ran to take off his clothes, took out a pistol from, combo four gun, Hermiz killed. The trial court found that since Brown can get the guns, nature also can run, so he was not justifiable defense. However, the proud and arrogant USA from the UK National had to retreat principle with dissatisfaction. The lover is witha case, can be seen in the Supreme Court this principle to try various devices to avoid. Americans first moved from England, the tradition of law is come down in one continuous line with the home country. In English law a so-called "retreat to the wall" tradition, namely if the fight, a retreat to the back has arrived in the wall, then he will have the right to fight back. The implied meaning is, unless no way out, otherwise it is the use of violence. However, today's America is not willing to do the British dependency in the culture, as a rising superpower, the principle of withdrawal continue to obey this humble, is unpopular. At this time, justice Holmes step forward bravely, his words can not help American dance for joy.

 

"The law have been developed," he wrote, "the law of its development direction is consistent with human nature." "In the face of a knife held, may not require a person calm thinking." What is more, the victim has no obligation to retreat from his right place. This also means that, even a person have no way out, he can also choose to maintain his dignity, uniform each other to back the way.

 

American judges at the end of the nineteenth Century may feel directly abolish the principle of withdrawal cheeky, so they identified two exemptions retreat principle, one is in their own land, two is the legal spouse face. But these waiver is still unable to meet the Americans pride, they require more radical legislation. Compared with the end of the nineteenth Century the judge, Holmes clearly has more make snap and pioneering spirit, he does not deal between the old tradition, but bravely created a new tradition, so as to conform to the new era of growing. His courage to let him win a high reputation, however, on the other hand, the justifiable defense America type also has more and more active attack. They follow the boundaries between the crime of intentional homicide is increasingly obvious.

 

The classic case of American Defense

 

 

As previously mentioned, the justifiable defense America type is not legitimate, from the two classic cases can be singles.2007Years, "the subway shots: justifiable defense or gun homicide? "A book in Chinese publishing, book cases who create a great sensation in the American, worth the.1984Years12Month22Day, engineer Goetz into the New York subway, he chose to tell four young blacks sit together, then, a black one close to him, to ask him for $five. Goetz then pulled out a pistol (the gun did not register), the four young men knocked down in the place (a lifelong paralysis, other injuries). The trial and the high court are sentenced innocent Goetz, however, the New York Supreme Court that Goetz responsible, remand, the trial court decided that only illegal to carry guns be guilty of Goetz, other crimes shall not be set up.

 

The Goetz case has attracted media attention in USA. The New York subway is always break haunt, and this kind of minor cases who cannot get the attention of the police, the people cherish an undying. Now, there has been a "avenging angel", this is how exciting? Goetz do not trust the government fully comply with the USA tradition. He had been robbed, that they didn't get help, the police then, he determined to carry guns, to protect their own. This discourse in USA can certainly won widespread sympathy. But, then again, the justifiable defense principle is used to revenge? If everyone free to establish their own standards of law enforcement, so as the president said, "civilization on the brink of collapse". Moreover, Goetz's psychology has a certain disease, when the other passengers away from the four black youth, he chose to sit with them. Unfortunately, although the process of New York state Supreme Court to civilization care-laden, but local court jurors not jurists, also don't care what the long-term development of law, they only know to Goetz as have the same experience, results like the Simpson case, the last or only respect the jury judgments.

 

Another famous self-defense case relates to family violence, Janice and her husband estranged, two people often boisterous, and melee; because of physical reasons, usually the wife at a disadvantage. One night, they were drunk, and melee, Janice beaten again, when her husband was asleep, she grew more and more gas, which went to the kitchen to get a knife stabbed in bed husband. This case is due to the factors of justifiable defense and to obtain extremely slight judgment, Janice no jail, as long as at home for one year probation. The case was classified as a self-defense case, I will let the people feel fantastic. First of all, two people are the melee, then go to bed. According to Chinese standard, it is called "head of the bed and fight", not to mention what the man to the woman abuse. Kill each other in sleep, which is more similar to revenge not self-defense.

 

However, American judge has a set of interpretation. They think that Janice suffered from battered woman syndrome, to own situation understanding and ordinary people are not the same. For example, the normal people feel the husband violent divorce is good, but the long-term battered women tend to think they are unable to get rid of her husband's hands, so they will not choose divorce, it will choose to kill. The butcher's wife in the case of any country is not rare, one of the main reasons is that many women suffering from abuse, unbearable. In ancient Chinese, battered women's husband 's case can not win extra sympathy, they would still be sentenced to cut the penalty, in modern times, the situation has not improved, the Taiwan writer Li Angceng according to the press "Zhan Zhou mariticide" wrote novels "the butcher's wife", the real cases in long-term abuse Zhan Zhou because the butcher's wife was sentenced to shoot.

 

 

However, back in the Janice case, in accordance with the China standard, I am afraid no one would think she suffered severe abuse, according to testimony, she also often beat her husband, on that night two people drink to be completely drunken, into a group, which is totally inconsistent with the public in China like an image. Can she but for battered women syndrome is considered murder can be forgiven. Her case is not justifiable defence purely, but forgivable self-defense, rising which can not be attributed to American feminism. "World Expo" published

 

 

Aggressive Americans

 

 

In summary, American aggressive in the world is come out in front. All of these cases, such as billiards room battle, killing lover, just because of five yuan of money shot four youth, while her husband slept in the butcher's wife, Chinese probably can not be classified as self-defense case. However, after USA lawyers and judges argument, we have to admit that the implicit defensive factors among them.

 

America self-defense case is differ in thousands of ways of expression, there is no supreme authority, say, even if the Supreme Court has judged cases, various non-governmental organizations will never stop clamoring, but try various devices to promote their ideas, for the next similar dominant trial. This characteristic is called open in law, that is to say with the development of society, the court will gradually accept the past does not agree, so as to keep pace with the times; on the other hand, USA judge verdict is classic, analysis in the legal upper layer, Weiweidaolai, like a roll of "Qingming he Tu", let a person can't help but feeling its knowledge of the profound and humanity take to one's bosom.

 

In self-defense case, the biggest difference America and his country is, American law emphasized according to human nature, so will the situation and batted state, will not abide by the law; and his country's self-defense case tend to think that the law is the law, even if the special case, nor to give the wrongdoer a way out, this is a human subject to the law. On the other hand, America legal system tend to spend a lot of energy, time and money to go into details, but not make hasty decisions, they involve the spirit is also another unimaginable. The fundamental reasons for this is USA civilians enjoy higher status in the state system, their every act and every move, state organs are not easy to be affected by, or have rallied together to attack.

 

As we all know, in the American, being shot to enter another courtyard, so at any time, dealing with the Americans should be polite, to respect each other. The Americans established the principle of self-defence so tough, the effect how? To tell you the truth, this principle does play a positive role, some say, the rights of the individual be quiet, people dare not easily up things, the government did not dare to provoke individual. In recent years, although a lot of people a lot of armed civilians feel dissatisfied, but for the protection of the second amendment of the Constitution and the self-defense tradition, also only slide.