chinto
Senior Master
I'm not a lawyer either (insert grain of salt).
My impression is whether self-defense is perceived as a right, and whether it is an affirmative defense depends largely on the context and the circumstances.
Unfortunately at the moment I can't put my hands on news stories to illustrate the point...but if memory serves me correctly, there are times (in the US) when a citizen causes injury, or even death, to a perpetrator...and the local constabulary chooses not to charge that citizen with a crime.
In cases like that, "self defense" is technically not an affirmative defense - it only becomes an affirmative defense when one is formally indicted on criminal charges.
Now...in a situation where (say) a citizen shoots a home invader, and that citizen goes to trial claiming self-defense...that is the affirmative defense, that is where the citizen is admitting to doing the act in hopes of presenting enough reasonable doubt to prevent them from being convicted of the crime.
and that depends on the state... in my state such a killing when in your own home defending yourself or family is black letter law justified.
that said I do NOT like a lot of the UN's stances. they would not allow the citizens of the United States of America to have the rights we have under the bill of rights if they had their way! they have in the past specifically said that the right to keep and bare arms should be revoked and removed .. stating that no civilian should have the right to be armed any where... hmmm sounds a bit like stalin and hitler and every other totalitarian rulers resoning to me.
I can garantee you that most of the UN and a lot of politions would like to dictate who can learn martial arts, or teach them... ( look at New Jursys attempts to limit that.) I am sure that if you defend your life today there will be dozens of politiacally correct liberal A****** that would demand you be imprisoned for daring to hurt that poor armed criminal that murderd a granmother last night for $3.25 US dollers... "after all he was just missunderstood" or some other stupidity!
and god help us we got Obama in the big chair ... and the demicratic party running congresss.. just going to get worse... hell they may not want to defend the US .. so perhaps we should all get ready for an attack again like 911 only much worse.. ( i hope and pray im wrong.. but worried! )