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To: yldstrk

http://www.usadojo.com/articles/21-feet.htm

....So, you say to yourself, if there is no specified distance at which you can readily assume an armed assailant is too close and deadly force on your part is justified, how do you know when it’s okay to shoot? Just as with the use of deadly force against any threat, four factors must exist prior to your response with deadly force. 1) Opportunity: your assailant must have the opportunity to bring killing or crippling power to bear. This is the factor that is most affected by distance. A man with a knife can’t do you harm at fifty feet, but at contact distance he definitely can. How quickly he can close that distance and how quickly you can stop him has a direct affect on his opportunity to do you, or others, harm. 2) Ability: the assailant must have the ability to bring killing or crippling power to bear. Ability can exist in a number of forms such as weapons, overwhelming size, physical strength, force of numbers (in the case of more than one assailant) or special knowledge on either part. If the assailant has a gun or knife, that creates his ability. His size and/or strength can also create his ability to do you, or others, harm. If there is more than one assailant, together they stand a better chance of doing harm than when alone. Special knowledge is a two edged sword. You can have special knowledge of the assailant’s proven intent or skill; such as he’s a professional heavyweight boxer. That skill in heavyweight boxing is special knowledge that he possesses that makes him a greater threat. 3) Imminent jeopardy is the third factor and must exist prior to your deployment of deadly force. If the assailant does not present imminent jeopardy to you, or others, you cannot justify the use of deadly force. To some extent, “imminent” is controlled by distance. Again, that guy at fifty feet may not be presenting an imminent threat, but when he starts to move toward you, the threat he produces easily becomes imminent.

The fourth, and final, factor is preclusion. Any prudent person will normally make an attempt to escape or avoid the situation, which may lead to the use of deadly force. Police officers don’t have a requirement to retreat, and certainly conditions can exist wherein the police officer has no choice but to stand his ground. The duty to protect others may mandate that you face the threat without the option of running from it. The statement “preclusion is the fourth factor” truly means that avoiding the situation has been considered and is not a viable option. The officer must be able to articulate, along with all three other elements, why he didn’t, or couldn’t, avoid this deadly force confrontation. In the case of a man with a knife, bat, or other deadly contact weapon, once he (the bad guy) starts charging you (the police officer), his ability to close distance and deliver a killing or crippling injury is far greater than your ability to escape or stop his attack. If he is within the distance we typically train at with our handguns (twenty-five yards or seventy-five feet is usually the maximum distance), then preclusion is removed as soon as he begins his charge......


102 posted on 09/01/2014 8:16:38 AM PDT by rolling_stone (1984)
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To: rolling_stone

interesting but not a statute


104 posted on 09/01/2014 8:21:34 AM PDT by yldstrk ( My heroes have always been cowboys)
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