TABLE because I often hear people say ‘

TABLE OF CONTENT Table of content pg 1 Acknowledgments pg 2 Aims and Objectives pg 3 Research Methods Employed pg 4 Introduction pg 5 Presentation of Finding Pg 6 Discussion of Findings pg 8 Recommendation pg 10 Bibliography pg 12 Acknowledgments  AIMS AND OBJECTIVES AIMS: 1. To Determine if the members of my community interpret the law of self defence appropriately. 2. To investigate how the law of self defence is meant to be used. 3. To develop an adequate understanding of the law of self defence. OBJECTIVES: 1.  Through the use of Questionnaires I will gather data from members of my community to obtain an understanding of how the average member of my community interprets the law of self defence then present my findings in the form of a pie chart. 2. I will interview a Attorney, research via textbooks and the internet how the law of self defence is supposed to be used . 3. By using the internet, textbooks and the interview with the lawyer I hope to develop a adequate understanding of how the law of self defence is to be used.Research Methods Employed For my Internal Assessment I used two secondary source of data collection and two primary source of data collection. In my Internal assessment the secondary sources that were used are:l Textbooksl The internet  The primary sources of data collection that was used  for my Internal Assessment are:l An interview with Ms. Young an Attorney at law.l Questionnaires Only Textbooks and Websites that were relevant to my Internal Assessment were used as sources of data.Introduction I chose ‘ Self-Defence ‘ as the topic for my Internal Assessment because I often hear people say ‘ I really want  him/her to hit me so I can kill him/her and claim it was in self-defence, even though the persons saying this most likely does not wish to kill the other person I still wondered if they law of Self-Defence could really be abused in this way. I also wondered if it was a common thought that claiming self-defence is basically an excuse to kill someone, for those reasons I’ve chosen my topic of self-defence.Presentation of Findings The findings I obtained from my research via the internet on and are: A definition of factors to take into consideration when sentencing cases where the defendant uses the defence of self-defence relevant to my Internal Assessment:l Reasonable Force – the law of self-defence is that only reasonable force is to be used in circumstances and whether the force emitted in the circumstances were reasonable or not is dependent  that the defendant perceived them to be.  For example in the case of R v. Scarlett, the defendant  the owner of a pub forcibly removed the deceased a resistant drunk from his premises after verbal attempts had failed. By use of force the deceased was carried out into the lobby where he fell backwards down 5 flights of stairs. The Publican was convicted of murder and appealed. The case was held, appealed allow conviction quashed, there was insufficient evidence to demonstrate that the appellant had used excessive force and thus no unlawful act had been established.l A Duty To Retreat – A person that is attacked doesn’t have to retreat to use the law of self-defence, rather showing reluctance to fighting is the best evidence that the defendant was acting reasonably and in good faith of the law of self-defence. In some cases a person won’t show reluctance or attempt to leave fight in such cases he or she should have a reasonable defence. For example in the case of R v. Bird, the defendant had been slapped and pushed by a man, the defendant retaliated by swinging her fist at his face she forgot she was holding a glass bottle, the bottle broke and the shards damaged the man’s eye forcing him to have it removed. The defendant appealed for self-defence on the grounds that she was acting in self-defence,the defendant’s appeal was quashed by the trial judge who claimed that in order to use the law of self-defence the defendant must show reluctance to fighting. The defendant appealed on the grounds that there was no obigation for her to show reluctance to fight. Held: The appeal was accepted, her conviction was quashed, in self-defence reluctance to fight is good evidence but there is no need for it to proven.l Imminence of the threatened attack – The defendant doesn’t have to be attacked first. For this point I’ll be using the case of Beckford v. The Queen, The appellant was a police man that was issued with a shotgun. The sister of the deceased Heather Barnes called the police reporting that her brother was terrorizing her mother according to the appellant’s report but according to Heather she never called the police or reported her brother was armed with a gun. Upon arriving at the house the appellant saw a man running from the back door with an object that he mistook for a gun. The deceased produced a noise similar to the sound of a gun and the appellant mistook it for the firing of a gun and retaliated by firing at the deceased killing him. The jury convicted him of murder, He appealed contending the judge was wrong to direct that the mistake needed to be reasonably held. The case was held that, The appeal was allowed and the conviction was quashed. The test to be applied for self-defence is that a person may use such force as is reasonable in the circumstances as he honestly believes them to be in the defence of himself or another. TextbooksWhen gathering information from textbooks I only used one textbook to assist myself in gathering information on the law of self-defence. The textbook that was used was the, ” Caribbean Examinations Council 2012 CAPE Law for self-study and distance learning”.The information that I gathered from the use of the textbook were:A similar definitions to that was given by, but the textbook did explain that the law of self-defence has been prone to abuse for this reason the courts have applied rigid conditions, one of these conditions is ” Reasonable Force”.The textbook also had a few more situations in which the law of self-defence can be used  that were not on the website, “”.  For example, using the law of self-defence to prevent a crime and using the law of self defence to make an unlawful arrest. Interview The information I gathered from an interview with Ms. Young an attorney at law.The information gathered was relatively the same from all of my sources except from that which was gathered through the questionnaires where there was a little variation than the results I obtained from textbooks, websites and from my interview.During my interview with Miss Young I asked her four questions. Below are the questions and their corresponding answers.(Question 1) Does the law of self-defence favour the accused?(Response) It does in the sense of it gives the accused the excuse to harm another person under specific circumstances although these circumstances are difficult to create. In cases where the accused uses self-defence as their defence they aren’t claiming that they lacked the mens rea but rather the defendant did the act because the person was attacking me so I defended myself. The law of self-defence favours the accused in the sense that a person has done something that should be harshly punished but instead of being strictly punished the punishment may be mitigated allowing the accused to get less time in jail or they me be acquitted of murder or manslaughter.(Question 2) Self-defence is one of the most abused offences, do you agree with this statement? and please express the reason for your answer.(Response) I don’t agree with this statement, in criminal law everything must be proven because the burden of proof must be beyond the reasonable doubt in order for someone to claim self-defence there must be some evidence showing why the person would have used the defense. For example, a woman has been married for 20 years and for 20 years she has been beaten by her husband, the husband has been an alcoholic for 20 years, one day he comes home rapes his wife, physically abuses her, mentally abuses her and verbally abuses her, one day during the process of abusing her she picks up a lamp and hits him in the face killing her husband, she would need evidence of the abuse such as someone needs to verify her claims of abuse.(Question 3) If someone is held at gunpoint are they allowed to use lethal force?(Response) You can only use lethal force if the threat demands it. For example if a mentally ill person tries to hit you with a pillow will it be appropriate to take our a knife and stab him, the answer is no, because he could be subdued without lethal force. But if a criminal were to point a gun at you with full intention of killing you and by some means you were able to take the gun away from him, there will be no reason for you to shoot him with intention to kill unless he pulls out another to shoot you with it. In such a situation where its either you die or he dies lethal force can be used if its a split second decision.(Question 4) Under what circumstances do you believe that the law of self-defence should be used?(Response) The law of self-defence should be used when there is proof that the circumstance is valid, because not every and anyone should be acquitted of murder or manslaughter because they think they can use self-defence. They must have reasonable evidence supporting it. QuestionnairesInformation gathered from members of my community regarding their perception of the law of self-defence. Questionnaires were used to gather this information, the questionnaires were extremely short and only a small number of questionnaires were distributed and returned. There were 10 questionnaires each contained a brief description of the purpose of the questionnaire along with 5 questions. Below I will list the questions and responses using percentages.(Question 1) What is your age group?, 13-29 years old  ? 30-49 years old ? 50+ years old ?(Responses) 30% of participants ticked the 13-29 years old box and 70% of participants ticketed the 30-49 years old box.(Question 2) Do you have an adequate understanding  of the law of self-defenceYes ? No ?(Responses) 90% of participants answered “Yes” to this question 10% of participants answered “No” to this question.(Question 3) If you were being held at gunpoint by an assailant with full intention of killing you, what’s the most damage you think you can inflict on the assailant without any legal repercussion?? No physical damage whatsoever.? A few scrapes and bruises.? A few broken bone or a bullet wound from shooting the assailant with his gun if you were able to wrestle it away from them.? Killing the assailant.(Responses) 20% of participants responded by ticking the 2nd response box. 70% of participants responded by ticking the 3rd response box. 10% of participants responded by ticking the 4th  response box.(Question 4) Would you use more force, less force or the same amount of force if the assailant used a knife instead of a gun?More force ? Less force? Same amount of force ?(Responses) 10% of participants ticked the “Less force” response box. 90% of participants ticked the “Same amount of force” response box. (Question 5) Do you think that you can use the defence of self-defence to kill someone you don’t like by waiting for them to attack you first?Yes ? No ?(Responses) 100% of participants answered this question by ticking the “No” Response box. Discussion of FindingsThe results from my research from my research were all similar when comparing my research via the internet, textbooks and by interview. Three of the sources gave me similar explanations for the uses of the law of self-defence. The feedback from the questionnaires showed that most of the participants either had a adequate understanding of the law of self or they used their understanding of right and wrong to estimate an appropriate amount of force to use in the situations that were presented in the questionnaires.RecommendationsThere aren’t many things that I believe need to change as the members of my community appear to have an appropriate understanding of the law of self-defence, but I think some more information on the circumstances when the law of self-defence can be used could benefit members of my community. My sample size was small preventing me from generalizing my findings I think that members in other communities should become more knowledgeable on the factors to consider when they are considering the use of the law of self-defence. BibliographyOmziiNella Bell June 19, 2014: