Quote:

NO... generally, pre-emptive strikes are ILLEGAL! (it all depends on what's "pre-emptive" to you. does it mean before any actual strike is thrown by the "agressor"? does it mean before the "agressor" does or says something that would make the reasonable person believe an attack is imminent?

Again, in the US, the agressor MUST say or do something that would make the reasonable person believe that an attack was imminent (going to occur immediately). Also, the act Must be no more damaging to the attacker that would be reasonable to defend him/herself.

Semantically, pre-emptive infers acting BEFORE the agressor makes such an action.




I'm just assuming that a pre-emptive strike implies that an indication of impending harm has already been found. If no such indications are present, I would have used the term assault and battery. Pre-emptive strikes are legal, assault and battery are not, context must be taken into account.

Furthermore, in the UK:

Quote:

A man about to be attacked does not have to wait for his assailant to strike the first blow or fire the first shot; circumstances may justify a pre-emptive strike.



- Lord Griffith

http://www.lawteacher.net/Criminal/General%20Defences/Self%20Defence.htm


Edited by Leo_E_49 (01/15/07 03:19 PM)
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