HIST 3850 Lecture Notes - Lecture 5: Homicide, 18 Months, Baffin Island
21 Jan 2019
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October 5: the law of self-defence: starr v. the united states (ussc, 1894); stevenson v. the. United states (ussc, 1896); brown v. the united states (ussc, 1921). He is forced to turn and face his assailant: the courts get to decide what is and isn"t self defence; this depends on how the judge instructs the jury, reporting. We usually look at reported cases, which are generally those appealed to supreme courts. These are printed in annual reports, according to province, back to 1867/1868. In these cases, we can see the case files only. Often we don"t even have the original records. However, this is contrasting with the states, where cases are held by local jurisdiction, and may not even be held. Federal cases are held better, but only back from the 19th century. All of this means that when we talk about cases, we"re referring to superior courts: when somebody uses self-defence, it is not justifiable, it is excusable.
