This thesis is a critical analysis of the law of self-defence in Scotland and England. It is argued that it is far more difficult to justify the use of lethal force in self-defence than is commonly assumed and that, drawing on the work of Uniacke, the most convincing justification is on the basis of a right to life, accompanied by a theory of forfeiture. That is, the victim of an attack is entitled to protect herself from an aggressor who threatens her right to life. The reason why she is permitted to kill the aggressor, but the aggressor is not permitted to kill her, is because an aggressor forfeits her right to life by virtue of becoming an unjust immediate threat to the life of another. However, the right to life is seen as a fundamental right that should be respected in relation to all human beings, even aggressors, as far as is reasonably possible. This is because, unlike almost all other types of loss, a deprivation of life is something from which the victim can never recover and for which the victim can never be compensated. As such, it is argued that an aggressor's right to life is only forfeited at the point where it is no longer reasonably possible to save both the life of the victim and the life of the aggressor. On this basis, the thesis proceeds to argue that the law of self-defence should contain strict rules on when it is permissible to take the life of another human being. As such, relatively restrictive rules are proposed in relation to five specific aspects of self-defence law: retreat, mistake, self-generated self-defence, imminence and proportionality. It is suggested that Scots law conforms to these strict rules to a greater extent than does English law.

Understanding police use of lethal force requires the collection of reliable data. Due to bias present in police-use-of-lethal-force databases, researchers typically triangulate using multiple data sources to compensate for this bias; however, triangulation is restricted when the bias present in each database is unknown. This study investigates three government-funded and three independent police-use-of-lethal-force databases to identify methodological sources of bias present in the major U.S. data-collection systems. Bias was coded based on nine categories, including misclassification bias, broad conceptualization, narrow conceptualization, overlap bias, coverage bias, voluntary response bias, observer bias, gatekeeping bias, and self-report response bias. Findings suggest that all six databases had at least three different types of methodological bias present. Generally, public, government-sponsored databases exhibit bias through data self-reporting by law enforcement and varying victim race determination methods. Private databases reveal bias through media-based reporting and the triangulation of data from multiple sources, which is further complicated by lack of transparency in the databases' design and administrative procedures. All six databases have a unique position to the State, which should also inform researcher data selection. I argue that selecting data sources that complement each other based on these identified biases will produce a more complete image of police-use-of-lethal-force and enhance finding accuracy in future research. / Master of Science / Understanding incidents where a civilian dies due to the actions of police officers requires the collection of reliable data. Due to bias—flaws in the data collection methods or data presentation—which lead to varying results when using different databases, researchers typically use multiple data sources to make up for these flaws; however, this method is restricted when the bias present in each database is unknown. This study investigates three government-funded and three independent police-use-of-lethal-force databases to identify sources of bias present in the major U.S. data-collection systems. Findings suggest that all six databases had at least three different types of flaws present. Generally, public, government-sponsored databases exhibit bias through police self-reporting lethal force, where an officer's department reports the officer's actions and there is no individual or group outside of the police reporting these incidents. Additionally, there is a flaw in how police record the race of a victim, who dies through police use of lethal force; Varying procedures in how race is recorded, whether recorded based on the officer's opinion or where a victim self-reports their own race prior to death on a government data system such as the Department of Motor Vehicles, also impacts the race data included in public databases. Private databases reveal bias through collecting incident data from news reports and using data from multiple sources such as law enforcement reports, medical examiner reports, and media reports simultaneously; this is further complicated by lack of transparency in the databases' design and administrative procedures, where there are no documents detailing the steps databases take in collecting and presenting data. All six databases have a unique position to the U.S. Government, where some are funded by the Government and where some are motivated by recent high profile police killings, which should impact researcher data selection. Ideally, the databases used should hold multiple perspectives or positions to the Government to provide an more complete image of lethal force. I argue that selecting data sources that complement each other based on these identified biases will produce a more complete image of police-use-of-lethal-force and enhance finding accuracy in future research.

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The focus of this study is on media reporting of police involved shootings in Florida. Given that knowledge of killings committed by law enforcement are frequently restricted to what people get from news sources, it is important to investigate the way these messages are being communicated. An exploratory analysis of 199 articles and transcripts covering 86 cases relevant to deadly use of force by police officers as reported from 2013 to 2015 provided the primary data source. The analysis engaged a critical examination of media content and goodness of fit models to identify commonalities used by the media when reporting police involved shootings. The goal is to determine the potential impact of race, age and gender of a victim with regard to the media’s portrayal of events that result in lethal use of force by police. It is expected that exposure of the discoveries in this study will influence future law enforcement reporting systems for a more transparent relationship between police, news and the community. The demographics characteristics race, sex and age that were assessed in this study were not significantly associated with the length of media coverage on police involved shootings. However, further analysis using different modeling approaches are required for a better understanding as to whether a relationship exists.

This research examines the legal issues surrounding killing in defence of property in three selected jurisdictions: South Africa, Cameroon and the United States. The comparative analysis illustrates that although the right to protect one’s property is universal, this defence is interpreted differently in the various jurisdictions. Another issue considered in the study is the constitutional right to life in each jurisdiction and whether or not an unlawful attack against one’s property creates a legal entitlement for the attacked party to take the life of another in defence of his or her property. Private defence of property is available when a person uses force to defend an interest in property, for example; to prevent a would-be thief from taking his own, or another’s property, to prevent someone from damaging his own or another’s property, to prevent an intruder from entering his own or another’s property. When an accused pleads private defence, his claim is that his harm-causing conduct was, in the circumstances, lawful. The reasonable use of force (short of deadly force) in the private defence of property is not disputed. However, the use of deadly force in protection of property is controversial, especially in a constitutional state such as South Africa where life should be prized above property. One should however also consider that there is a close link between the private defence of defending life and of protecting property. In many cases, an assault on property also involves a threat on life. However, there are cases of private defence of property where no threat to bodily integrity exists. These situations will be examined in all three jurisdictions and measured against the various constitutional imperatives. Conclusions and recommendations are made as regards the legal framework on the defence of property in the criminal law of the various jurisdictions. / Criminal and Procedural Law / LL. M.