What is the test for a right to self-defense under section 198 of the Federal Criminal Code?

California, United States of America


The following excerpt is from People v. Rodriguez, H042931 (Cal. App. 2018):

Next, defendant claims the right to self-defense is a fundamental liberty interest under the federal Constitution, and restricting the right as set forth under the plain language of section 198 violates substantive due process. "The Due Process Clause guarantees more than fair process, and the 'liberty' it protects includes more than the absence of physical restraint. [Citations.] The Clause also provides heightened protection against government interference with certain fundamental rights and liberty interests." (Washington v. Glucksberg (1997) 521 U.S. 702, 719-720 (Washington).) Recognized fundamental liberty interests include the right to marry, to have children, to direct the education and upbringing of one's children, to marital privacy, to bodily

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