Скачать или смотреть What is the Kyle Rittenhouse or Travis McMichael actual self-defense legal standard?

The entire country is watching and debating the trial of Kyle Rittenhouse and the trial of the killers of Ahmaud Arbery. Central to both cases are the Defendant's claims of self--defense. Whether you agree these defendants were correct in needing to engage in self-defense or believe they used self defense as an excuse in order to have a justification to kill, Honolulu Criminal Defense Attorney Marcus Landsberg put together a quick primer on self-defense.

Meant to give you a quick run-down of the most important concepts to discuss self-defense, there are obviously any number of permutations in how the law affects real world situation, but understanding the law as written is the first step to having a meaningful conversation to see if what actually happened was permissible under the law, if it was proscribed, and if we need to change the law to make it either more or less permissive and how that would have affected Rittenhouse or Arbery.

This video covers the basics of self defense, burdens of proof, the three part basic test, and general principles on provocation and deadly force, all necessary information in order to discuss the law properly.


00:00 Introduction
00:36 Self-defense is justification.
01:16 A sample Self-defense jury instruction.
01:57 The three part test to weigh self-defense.
02:33 Subjective standard: What does the Defendant believe?
02:52 Objective standard: What would a reasonable believe in the same situation?
03:27 Proportionality: how hard can I hit somebody?
03:50 Who has the burden of proof in self-defense and where?
04:27 What is the difference in an affirmative defense state?
05:00 Provocation (If I said "Let me quote the Florida law," I meant Georgia law. Apologies.)
05:36 When is the use of deadly force acceptable.
06:10 When is the use of a gun automatically deadly force?