Open AccessSOME ASPECTS OF THE DEVELOPMENT AND APPLICATION OF THE LEGAL INSTITUTION OF SELF-DEFENSE IN THE USA
Author(s) -
Тимур Шаяхметов,
Timur Shayakhmetov
Publication year - 2016
Publication title -
žurnal zarubežnogo zakonodatelʹstva i sravnitelʹnogo pravovedeniâ
Language(s) - English
Resource type - Journals
eISSN - 2587-9995
pISSN - 1991-3222
DOI - 10.12737/18183
Subject(s) - legislation , opposition (politics) , institution , political science , self defense , law , property (philosophy) , law and economics , sociology , philosophy , epistemology , politics
This article reviews the development of the legal institution of self-protection in the criminal law of the United States and its lawenforcement practice. The problems of the two-level division of criminal legislation on the illegal self-defense and legal regulation in the field of defense in the territory of the home and private property are viewed in the paper. On the examples of precedent decisions of highest judicial bodies of US on the affairs with the circumstances of self-defense the conditions of validity of the use of deadly opposition in relation to the offender, as well as other legal aspects of self-defense are analyzed. A brief overview of the main trends of the evolution of the United States legislation on the considered institute is given. In the conclusion of this work the strong and weak points of the existing regulatory framework of the right to self-defense in the United States are shown, as well as an assessment of its application in practice.