In order to know the meaning of the term legitimate defense, we are going to proceed, first of all, to discover the etymological origin of the two words that give it shape:
-Legitima derives from Latin, specifically from "legitimus", which can be translated as "in accordance with the laws" and which is the result of the sum of these lexical components: the noun "lex, legis", which is synonymous with "law" , and the superlative suffix "-mus".
-Defense, for its part, also comes from Latin. Specifically, it comes from "defense", which means "action and effect of protecting." In its case, it is the result of the union of the following components: the prefix "de-", which is used to indicate "separation" or "deprivation", and the adjective "fensus", which is synonymous with "attacked" or "struck".
The legitimate refers to that which is in accordance or appropriate to the law . Defense , on the other hand, is the act and consequence of defending or defending oneself (protecting oneself, sheltering oneself).
Starting from these definitions we can focus on the idea of legitimate defense . This is what is called, in law , the reason for justifying an action that is usually punishable by law but that, due to exceptional circumstances, becomes non-punishable.
When a person acts in self-defense, therefore, they do not have criminal responsibility despite engaging in conduct that is generally prohibited . This exceptionality is linked to the fact that the individual was forced to defend himself from an attack that put his life at risk .
Self-defense is considered a universal legal institute , since it is accepted in legislation worldwide. This is a cause of justification that leads to a conduct not being considered illegal, applying an incomplete defense (the penalty is reduced) or a complete defense (there is no penalty).
For self-defense to be accepted, certain conditions must be met, such as the existence of an intentional and illegitimate aggression that endangers a legal right and that makes intervention necessary to repel or prevent the attack .
Suppose a man armed with a knife tries to steal a young man's belongings. Willing to overcome any attempt at resistance, the assailant intends to stab the victim, who in this situation seeks to take the weapon away from him so as not to be harmed. In the middle of the struggle, the thief himself ends up getting stabbed and dies. When the case is analyzed at the judicial level, it is likely that a judge will consider that the young man acted in self-defense and, therefore, should not receive criminal punishment despite having taken the life of another subject.
In the same way, we cannot ignore that there is a film titled precisely "Legitimate Defense." It is an American film, which was released in 1997 under the direction of Francis Ford Coppola and with Matt Damon, Claire Danes, John Voight and Virginia Madsen as its main actors.
This feature film is based on the novel of the same name by the writer John Grisham and revolves around the figure of a recently graduated lawyer , named Rudy Baylor, who accepts the case that will lead him to go against a large insurance company that refused to save the life of a young man by not covering the cost of his marrow transplant.