Criminal and Civil Law: Analysis of Self-Defense and Duty to Retreat

This report examines the complexities of self-defense within the framework of criminal and civil law. It delves into the legal implications of self-defense, referencing the Canadian legal system and specific provisions like the 'castle doctrine' and the 'duty to retreat'. The report highlights the challenges in applying self-defense, particularly the difficulty in determining the appropriate level of force and the potential for misuse of legal provisions. It also emphasizes the importance of specific legal guidelines and the need for authorities to carefully assess the justifications provided for the use of lethal force. The report concludes by acknowledging the complexities of self-defense and the importance of understanding the legal nuances to avoid potential misuse of the law.

Running head: CRIMINAL & CIVIL LAW
CRIMINAL & CIVIL LAW
Name of the Student
Name of the University
Authors Note

1CRIMINAL & CIVIL LAW
Response- 1
After reading your response I want to elaborate that in the legal system of Canada, every
Jurisdiction, like the federal government, permits a defendant to proclaim self-defence in case of
a violent crime. Besides, it is a fact that not all but certain particular rules concerning self-
defence differ from one jurisdiction to another. Even the states which allow an individual to
withdraw before they protect themselves from the danger of imminent injury, an individual may
still use lethal force against a person who enters their house illegally. In the case of the ‘castle
doctrine’ (use of deadly force to prohibit someone in entering house illegally), the exact
consequence differs as per the facts and jurisdiction of the case.
On the other, every state does not recognize imperfect self-defence and I also believe that
sometimes it is better to escape from a situation where problems may occur. The same advice is
also given by the self-defence law because it aims to prevent violence by the ‘duty of retreat’.
Response- 2
I also believe that it is better to eliminate the threat by using proper force. However, self-
defence is such a thing that is very difficult to prove. Especially, self-defence is such an activity
where a prudent person can also lose his mind and may kill a person because then it is not
possible to determine what force is less harmful to a person. Moreover, there is a chance to
misuse the provisions of section 35 of the Canadian Criminal Code by any individual. A person
after using lethal force against another person to kill or injure that person may justify himself
under the provisions of this section.
I think that the self-defence laws need to be more specific and the appropriate authority
needs to take necessary steps to find out that whether a person gives proper justification for using

2CRIMINAL & CIVIL LAW
lethal force against another person or not. To avoid these complications people belong to law
background focuses on the concept of ‘duty to retreat’.

3CRIMINAL & CIVIL LAW
Bibliography
Light, C. (2015). From a duty to retreat to Stand Your Ground: The race and gender politics of
do-it-yourself-defense. Cultural Studies? Critical Methodologies, 15(4), 292-298.
Messerschmidt, C. G. (2016). A victim of abuse should still have a castle: the applicability of the
castle doctrine to instances of domestic violence. J. Crim. L. & Criminology, 106, 593.