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https://www.dalloz-actualite.fr/interview/vanessa-codaccioni-plus-de-90-des-affaires-de-legitime-defense-finissent-au-tribunal https://www.dalloz-actualite.fr/i
by ohgodplsno 3y ago
https://www.dalloz-actualite.fr/interview/vanessa-codaccioni-plus-de-90-des-affaires-de-legitime-defense-finissent-au-tribunal https://www.dalloz-actualite.fr/interview/vanessa-codaccioni...
90% of self defense cases end in the tribunal, meaning that the judges saw it as not-self-defense. The biggest factor in all this is proportionality: if you killed someone in self defense but were not yourself having your life threatened, you will go to court.
- zirgs 3y agoAny physical assault is potentially life threatening. One unlucky fall on the pavement and that's it - you can easily die or become permanently disabled. Yet another reason why it's better to deescalate and/or run away if possible.
- ohgodplsno 3y agoYep, and this is the logic that is followed by judges: self defense is pretty much only valid if you had no other option. Run away. Always run away.
- AmericanChopper 3y ago> self defense is pretty much only valid if you had no other option. Running away is a good idea for many reasons, but very few US states or foreign jurisdictions have a duty to retreat as you’re describing here.
- ohgodplsno 3y agoGood thing this was in the context of France, then.
- AmericanChopper 3y agoAnd France is among the overwhelming majority of legal jurisdictions around the world that do not have a duty to retreat. https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000006417218 https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI0000...