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Words: | Submitted: Mon Jun 19 2006
... 3(1) of the Criminal Law Act 1967, it states: 'A person may use such force as is reasonable in the circumstances in the prevention of crime, or in effecting or assisting in the lawful arrest of offenders or suggested offenders or of persons unlawfully at large'.5 The concepts used for reasonableness is, necessity and proportionality, has developed at common law mainly through cases of male defendants. The male standard, together with, the current failure adequately to address the reality of extreme violence under which many women live.6 The male standard derives from the scarcity of female killers, 'together with the incompatibility of aggressive force with stereotypical femininity'.7 It will be shown that the test of reasonableness is biased. The reasonableness of force, is based on the accused's subjective belief that the amount of force used was necessary. The jury consider what the accused thought 8 and therefore, the subjective standard depends on ...
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