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Self

Self-defense

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Self-defense

Georgia’s use of self-defense is in its statute of Georgia Code Section 16-3-21. The statute justifies the use or threat to use force against someone else to defend themselves or a third party against the other person’s imminent use of unlawful force. The force applicable is based on the subject’s reasonable judgement that its application will provide sufficient defense. The force is still justifiable even if it results to the death of the offender. The exception of the code of self-defense is if the person who claims it was the first aggressor in the altercation. Additionally, if the person is fleeing from attempted commission of a felony or the altercation is a form of combat by agreement. The prosecution proves a defendants claim of self-defense through provision of relevant evidence that the defendant was a victim of acts of violence committed by the deceased. Moreover, it can seek relevant expert testimony on the condition of the mind of the defendant during the offense.

Samuel Clark is justified to use the self-defense claim in this case. When he swung his umbrella at Bubba, he was under the physical assault of two adult male. He did not know how far they were willing to go before they stopped attacking him. He was outnumbered clearly at the mercy of the two men. His life was in danger as far as he was concerned. Therefore, it does not matter that his swing caused the death of Bubba. He is at a reasonable ground to claim that his action provided sufficient defense for himself against the two attackers.

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