Hawaii Self-Defense

State:
Multi-State
Control #:
US-00891
Format:
Word; 
Rich Text
Instant download

Description

This is a sample jury instruction, whereby the court instructs the jury on the concept of self defense in an assault situation. Care must be taken that the language of the instruction complies with the law in your state and not subject to reversal on appeal.

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FAQ

Use: You can only use a stun gun or TASER for self-defense, defense of another, or protection of property. If you use a stun gun or TASER for any other reason, you could be charged with a crime.

Hawaii does not have a stand your ground law. State law explicitly imposes a duty to retreat before resorting to deadly force outside the home.

In California, the owner or person in possession of the personal property can use reasonable force to protect their property from harm.

In Hawaii, pepper spray is legal for personal self-defense and can be carried in most public places. This includes parks, sidewalks, shopping centers, and other areas where people gather. It is important to note that while pepper spray is legal, its use is restricted to self-defense purposes only.

Self-defense laws in at least 23 states (Arizona, Arkansas, Colorado, Florida, Georgia, Idaho, Illinois, Indiana, Kentucky, Louisiana, Maryland, Michigan, Montana, New Hampshire, North Carolina, North Dakota, Oklahoma, Ohio, Pennsylvania, South Carolina, Tennessee West Virginia and Wisconsin) provide civil immunity ...

California is a stand-your-ground state, so there is no duty to retreat from a fight even if you could have easily escaped. Under California's Castle Doctrine, you can use deadly force against an intruder who breaks into your home.

Deadly force may also be used to prevent felonious property damage, burglary, robbery, or felonious theft, if: (1) the person against whom the force is used has employed or threatened deadly force against or in the presence of the actor, or (2) use of force short of deadly force would expose the actor or another person ...

Generally, individuals using deadly force against their attackers cannot do so until they ?retreat to the wall??until they do everything possible to safely escape the attack and avoid taking a human life. It is then, and only then, that they are justified in using deadly force against their aggressor.

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Hawaii Self-Defense