L.B. 925: Nebraska's New Self-Defense Statute and Its Implications

Talcott, Stanley M.

Journal: Nebraska Law Review

Volume: 49

First Page: 637

Year: 1970

Bluebook Citation: 49 NEB. L. REV. 637 (1970)

Author: Stanley M. Talcott: all 3 publications


Abstract

LB925 is a bill relating to self-defense which grants to an individual the right to use "any means necessary" when defending "himself, his family, or his real or personal property, or when coming to the aid of another.” I. Introduction II. The Legislative Process … A. The History of LB925 … B. The Legislative Intent of LB925 … C. Reaction to LB925 by the Citizens of the State and Those Who Would be Charged with Its Enforcement III. The Effect of LB925 on Prior Nebraska Law … A. Self-Defense in Defense of Life and Habitation … B. The Effect of LB925 on the Limits of Permissible Force in Protection of Property … C. The Effect of LB925 on the Limits of Justifiable Force in Aiding Another in Danger of a Criminal Action … D. Justification as a Defense to Civil Liability … E. Possible Effects of LB925 on Other Nebraska Law Relating to Self-Defense IV. Policy Considerations Relating to LB925 V. Possible Constitutional Defects in LB925 … A. LB925 Is So Vague as to Be Invalid … B. LB925 Is a Deprivation of Due Process of Law … C. LB925 Is Contrary to Article I, Section 13 of the Nebraska Constitution VI. Conclusion

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