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Self-defense in American criminal law

Title	Self-defense in American criminal law
Author	Dilber, Alev
Publication Date:	2014
Subject	Criminal law, Self defence, Turkish criminal law, American law
Type	Document
Language	Turkish
Digital	Yes
Manuscript	No
Library:	Özyeğin University
Record ID	f75c3a8a-978e-4862-8aa5-21a978ff5bf6
Library Location	Department of Public Law
Date	2014
Sample Text	Although the areas and rights covered by self-defense are not the same in every legal system, when we look at the laws of the countries that have adopted the modern legal system today, it is understood that they have similar regulations. Therefore, examining the concept of self-defense, which has existed since the earliest times, in terms of American criminal law, will enable Turkish jurists to recognize self-defense from this perspective, and will open the door to different discussions with views that can enrich Turkish criminal law. Therefore, while discussing self-defense in our study, we first tried to reveal how the concept was handled in pre-modern criminal law systems such as Roman law and Ottoman law, and then how it was regulated in other countries in both the Anglo-Saxon and Continental European systems after passing to the modern legal system. In the first part of our study, we tried to touch upon the history and legal regulations in some other countries and how the concept of self-defense, which has a long history, is handled in various countries, what it is understood and what it covers. In this context, self-defense is discussed in terms of its history according to Roman, Ottoman and British law, and the regulation of the concept in Turkish law, together with its regulations in some European countries such as Germany, France and Italy, which adopt the Continental European Law, is included. In the second part of our study, the regulation of self-defense in American criminal law is discussed and the concept in question is evaluated together with its nature, scope, conditions and some important principles. After discussing whether self-defense is a reason for legality or an excuse according to American criminal law, it is tried to include what is understood from self-defense according to American law, which rights are included in this scope, and the jurisprudence of the American judiciary on self-defense. American law, which has a legal system called common law, which can be translated as "case law" in Turkish, is very important especially in terms of explaining and expanding the criteria and features of the concepts present in the laws through cases. The definition of self-defense in American criminal law, which is the main subject of our study, its legal nature, conditions and what needs to be understood from these conditions are discussed under headings. In addition, two important principles, namely the obligation to escape and the Castle Principle, were touched upon and the definitions, nature of these principles, their importance in terms of self-defense in American criminal law and their comparative points with Turkish criminal law were tried to be included. In the third part of our study, the subject of defense of home and property, which is perhaps the most different and most discussed issue between American criminal law and Turkish criminal law, is included. It was necessary to combine the institution of self-defense in American criminal law with the criteria determined by the Turkish judiciary and the criteria put forward by the American judiciary at certain points, and to reveal whether the views and criteria of the American judiciary in its decisions regarding self-defense could be applied and discussed in Turkish criminal law. For this reason, we try to address self-defense from the perspective of American criminal law, because we aim to contribute to the functioning of Turkish criminal law from a different angle and to bring new topics of discussion to Turkish law together with the criteria in American practice. In this respect, we believe that American law, which has adopted the Anglo-Saxon legal system, can also contribute to Turkish law, which is in the Continental European legal system, along with the legal systems that are gradually approaching and influencing each other.

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Özyeğin University

Self-defense in American criminal law

Author Dilber, Alev

Publication Date 2014

Subject Criminal law, Self defence, Turkish criminal law, American law

Type Document

Language Turkish

Digital Yes

Manuscript No

Library Özyeğin University

Record ID f75c3a8a-978e-4862-8aa5-21a978ff5bf6

Library Location Department of Public Law

Date 2014

Sample Text Although the areas and rights covered by self-defense are not the same in every legal system, when we look at the laws of the countries that have adopted the modern legal system today, it is understood that they have similar regulations. Therefore, examining the concept of self-defense, which has existed since the earliest times, in terms of American criminal law, will enable Turkish jurists to recognize self-defense from this perspective, and will open the door to different discussions with views that can enrich Turkish criminal law. Therefore, while discussing self-defense in our study, we first tried to reveal how the concept was handled in pre-modern criminal law systems such as Roman law and Ottoman law, and then how it was regulated in other countries in both the Anglo-Saxon and Continental European systems after passing to the modern legal system. In the first part of our study, we tried to touch upon the history and legal regulations in some other countries and how the concept of self-defense, which has a long history, is handled in various countries, what it is understood and what it covers. In this context, self-defense is discussed in terms of its history according to Roman, Ottoman and British law, and the regulation of the concept in Turkish law, together with its regulations in some European countries such as Germany, France and Italy, which adopt the Continental European Law, is included. In the second part of our study, the regulation of self-defense in American criminal law is discussed and the concept in question is evaluated together with its nature, scope, conditions and some important principles. After discussing whether self-defense is a reason for legality or an excuse according to American criminal law, it is tried to include what is understood from self-defense according to American law, which rights are included in this scope, and the jurisprudence of the American judiciary on self-defense. American law, which has a legal system called common law, which can be translated as "case law" in Turkish, is very important especially in terms of explaining and expanding the criteria and features of the concepts present in the laws through cases. The definition of self-defense in American criminal law, which is the main subject of our study, its legal nature, conditions and what needs to be understood from these conditions are discussed under headings. In addition, two important principles, namely the obligation to escape and the Castle Principle, were touched upon and the definitions, nature of these principles, their importance in terms of self-defense in American criminal law and their comparative points with Turkish criminal law were tried to be included. In the third part of our study, the subject of defense of home and property, which is perhaps the most different and most discussed issue between American criminal law and Turkish criminal law, is included. It was necessary to combine the institution of self-defense in American criminal law with the criteria determined by the Turkish judiciary and the criteria put forward by the American judiciary at certain points, and to reveal whether the views and criteria of the American judiciary in its decisions regarding self-defense could be applied and discussed in Turkish criminal law. For this reason, we try to address self-defense from the perspective of American criminal law, because we aim to contribute to the functioning of Turkish criminal law from a different angle and to bring new topics of discussion to Turkish law together with the criteria in American practice. In this respect, we believe that American law, which has adopted the Anglo-Saxon legal system, can also contribute to Turkish law, which is in the Continental European legal system, along with the legal systems that are gradually approaching and influencing each other.