YOUR LEGAL RIGHTS IN THE ACT OF

SELF-DEFENSE

Business Week May, 1970

"Self-defense is no Sunday supplement any more - it's a real and present danger. With crime rising on all fronts, You might want to consider the legal side of self-defense - what can and cannot be done within the law.

The Present wave of crimes by juveniles and crimes that are drug motivated confuses and complicates the whole question of personal Protection in an emergency.

Start with trouble in the street. The basic rule is that if You, a family member, or a friend are attacked, You can use any reasonable force needed to repel the aggressor. You can use greater force than You face - if it appears "reasonable" to You and You aren't held to a fine line in deciding the difference.

You can also use force to prevent an attack. If threatened, You need not wait for the blow to be struck. It's enough that you have a genuine belief that you or Your wife or child are in Present danger - even if it turns out that you were mistaken.

But there are limits on how far You can go on the street, you're under at least some obligation to try to avoid violence to retreat at least Part way, if Possible, before striking a blow in self-defense. But this is a fine legal line.

You become the aggressor when you use defensive force that is clearly excessive. For example, you can't respond to the threat of a clenched fist with a gun and quick shooting, nor can you beat a man severely with a cane simply because he shoved You on the sidewalk.

A Point of growing importance: if You're menaced by juveniles, the rules of self-defense still apply. But you will almost certainly be held to a stricter standard of conduct if you wind up in a courtroom. What's "reasonable" may differ if You're reacting to teenagers - and You must guard against over-reaction.

The verbal attack calls for restraint. dirty words alone may not legally be met with physical force. If You react with force, You become the attacker.

In Your home, a basic rule is that You need not retreat in the face of an intruder, even if to do so would be "reasonable" and avoid violence.

You can shoot first, then investigate - within limits. In most states, before using deadly force, You must have reason to believe that the intruder intends to commit a crime. This line, though, is hard to draw.

As for trespassers outside Your house, the general rule is that your right to use physical force usually begins only when an intruder tries to break in. Note especially: in most cases you have no legal right to shoot or otherwise harm a Person trespassing on your land. You can only try to chase him off - and call the Police.

Protection in Public places: suppose You. re trapped by an armed robber in a retail store or a bank - or, for that matter, at the cashier's desk at Your Private club. .You have a right to act independently in self defense, and the fundamental rules still apply. But the owner of the Premises is not an insurer and has no legal duty to make you safe. So you have almost no chance to recover damages."