- published: 09 Dec 2013
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The defense of property is a possible justification used by defendants who argue that they should not be held liable for the loss and injury they have caused because they were acting to protect their property. Courts have generally ruled that the use of force may be acceptable.
Generally, see self-defence in English law. In addition to the right of self-defense at common law, section 3 of the Criminal Law Act 1967 states that
Insofar as an attack on property is a crime, reasonable force may be used to prevent the crime or to arrest the offender, whether it be theft of a sum of money or the damage of an object. In many cases of robbery and burglary, the threat will be to both a person and property, and this combination can be a powerful defence. In AG's Reference (No 2 of 1983) (1984) 1 AER 988 Lane CJ. held that a defendant who manufactured ten petrol bombs to defend his shop during the Toxteth Riots could set up the defence of showing that he possessed an explosive substance "for a lawful purpose" if he could show he acted to protect himself or his family or property by means he believed reasonably necessary to meet the attack. In theory, the defence of property by itself cannot reasonably provide a justification for inflicting serious injury, but there are a number of cases approving considerable violence to arrest criminals threatening property.
PHASE 2 (aka Lonny Wood) is one of the most influential and well known New York City aerosol artists. Mostly active in the 1970s, Phase 2 is generally credited with originating the "bubble letter" style of aerosol writing, also known as "softies". He was also influential in the early hip-hop scene.
Phase 2 is from The Bronx, and attended DeWitt Clinton High School along with a number of other early graffiti artists. Many famous graffiti writers of the early 1970s would meet at a doughnut shop across from the school called the Coffee Shop before heading down to the subway station at 149th Street and Grand Concourse to watch tagged trains on the IRT line pass by. Phase 2 was mentored in graffiti by his friend and neighbor Thomas Lee aka Lee 163d!, one of the pioneers of graf writing in The Bronx.
He began writing in late 1971 under the name Phase 2, a moniker which had a rather mundane provenance. As Phase 2 would later recall, "the previous year we'd given this party. We were getting ready to give another one and I said, 'We'll call this one Phase Two.' I don't know why, but I was stuck on the name. It had meaning for me. I started writing 'Phase 2.'"