Wednesday 16 July 2008

Legal right to defend oneself?

clipped from www.telegraph.co.uk

'Have-a-go heroes' get legal right to defend themselves


They will be able to use force against criminals who break into their homes or attack them in the street without worrying that "heat of the moment” misjudgements could see them brought before the courts.


Under new laws police and prosecutors will have to assess a person’s actions based on the person’s situation "as they saw it at the time” even if in hindsight it could be seen as unreasonable.


Earlier this year, Tony Singh, a shopkeeper, found himself facing a murder charge after he defended himself against an armed robber who tried to steal his takings. During the struggle the robber received a single fatal stab wound to the heart with his own knife.

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This headline concerns me.
We have always had the right to use reasonable force in certain circumstances. The problem, as I see it, is poor legal advice. When the Everton centre forward Duncan Ferguson was acquitted not once, but twice, for defending his property and family, it was good advocacy that kept his out of prison even though he has a record and past prison life for assault. What is good for Ferguson should be good for every individual defending himself and others against attack.
Poor advocacy is a problem, not just in the UK but everywhere in this commercial world, where the poor get inferior service to those with full wallets.

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