Document Type
Book Chapter
Publication Date
2009
DOI
https://doi.org/10.1093/acprof:osobl/9780199861279.003.0017
Abstract
This chapter presents an authoritative overview of self-defense against the psychotic aggressor. More specifically, it examines whether one can justifiably kill a faultless, insane assailant to save himself or another from imminent and serious harm. It considers the disagreement among scholars as to whether the defensive response should be considered justified or merely excused, or whether the specific ground of acquittal should be self-defense or necessity. The chapter includes comments by some of the nation's top legal scholars from the field of criminal law, tackling topics such as proportionality, self-defense against wrongful attack, justification of homicide against innocent aggressors without denying their innocence, and problems with the autonomy theory of self-defense.
Disciplines
Criminal Law | Law
Recommended Citation
George P. Fletcher & Luis E. Chiesa,
Self-Defense and the Psychotic Aggressor,
Criminal Law Conversations, Paul H. Robinson, Stephen Garvey & Kimberly Kessler Ferzan (Eds.), Oxford University Press
(2009).
Available at:
https://scholarship.law.columbia.edu/faculty_scholarship/4252