Woman attacked after 'shushing' teens at movie theater

WPXI ^ | April 8, 2015

[ExSoldier]

Actually, when I attended law school back in 1986, it went like this:

Threatening to hit somebody in a verbal manner is "assault." Carrying out that threat and actually striking them is then called "simple battery." Thus the charge becomes "Assault and Battery." When you are faced with a force on force (one on one) situation, unless there are extenuating circumstances, you pretty much are constrained to parity of force. That is you can only respond to a threat with an equal level of force presented.

However, where there are multiple attackers, the risk of great bodily harm or death rises exponentially. Under those circumstances, a person in the posture of defense can as a rule of thumb, respond with deadly force. Use of a firearm.

However as you pare down the opposition, when you get back down to a single attacker, you must revert to the parity of force rule and take that guy on at whatever level he offers.

Now if that guy hung around while you were busy gunning down his pals, he is arguably the most dangerous one of the bunch, but the doctrine is kinda muddy on whether or not you have to reholster and face him mano a mano.

The options appear when the "victim" is obviously weaker or more frail than a single attacker. That I think was the cracked eggshell doctrine. If you're a disabled vet and some young pro football size thug comes after you alone, I'm pretty certain that putting a 9mm slug through his skull would be justifiable, but don't quote me, I don't practice law.

[Osage Orange]

Oh my!!