Trayvon Martin AND OUR LAWS OF SELF DEFENSE!! As the commentary goes on concerning the Zimmerman case, pause a bit to ask HOW DOES THAT REFLECT ON US IN GHANA? The Zimmerman case is a case where the right to "stand your ground" EVEN IN PUBLIC was upheld. that is the extension of the right to DEFEND YOURSELF AND YOUR PROPERTY. The 2 are interesting concepts in Law. LETHAL SELF defense ON your property and OFF your property. 1. The right to LETHAL SELF DEFENSE is in Section 37 of our Act 29 (Criminal offenses Act) "Section 37—Use of Force for Prevention of or Defence Against Crime, Etc. For the prevention of, or for the defence of himself or any other person against any crime, or for the suppression or dispersion of a riotous or unlawful assembly, a person may justify any force or harm which is reasonably necessary extending in case of extreme necessity, even to killing. "Section 39—Use of Force for Defence of Property or Possession or Overcoming Obstruction of Legal Right. A person may justify the use of force for the defence of property or possession, or for overcoming and obstruction to the exercise of any legal right, as follows— (a) a person in actual possession of a house, land, or vessel, or goods, or his servant or any other person authorised by him, may use such force as is reasonably necessary for repelling a person who attempts forcibly and unlawfully to enter the house, land, or vessel, or to take possession of the goods; (b) a person in actual possession of a house, land, or vessel, or his servant or any other person authorised by him, may use such force as is reasonably necessary for removing a person who, being in or on the house, land, or vessel, and having been lawfully required to depart therefrom refuses to depart; (c) if a person wrongfully takes possession of or detains goods, any other person who, as against him, has a present right to the possession of them, may, upon his refusal to deliver up the goods on demand, use such force, by himself or by any other person, as is reasonably necessary for recovering possession of the goods; and (d) a person may use such force, as is reasonably necessary for overcoming any obstruction or resistance to the exercise by him of any legal right". IN SOME STATES IN THE USA, THIS HAS BEEN EXTENDED TO INCLUDE SELF DEFENSE EVEN IN A PLACE WHICH IS NOT YOUR PROPERTY. This is the so called "stand your ground" Law. IN GHANA, even the provisions of the ACT are questioned!! Few years ago, I remember engaging in a hot PUBLIC debate with Lawyer Nii Arday Clegg who argued that there are heavy fetters on that right, as a way to avoid confusion, I held that the law was a clear right to shoot when attacked on your property. we agreed to disagree, as Franklin Cudjoe watched! The Zimmerman case reminds me of what rights and responsibilities we have in Ghana. Can this be upheld in Ghana, will Zimmerman have been free in Ghana? HOW WOULD THE LAW TREAT A PERSON WHO SHOOTS A LAND GUARD on his Land? and how would the Law treat a Zimmerman who shoots person supposedly IN SELF DEFENSE IN PUBLIC, when the rule says get away if you can. in my mind Zimmerman could have gotten away.
Posted on: Sun, 14 Jul 2013 07:42:21 +0000
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