Posted on 02/11/2010 3:47:52 AM PST by marktwain
The Fullards need to watch their six. These punks might try to wait until media attention dies down and then hit them again as payback, or have some of their buddies do it.
As I assumed, you only have a right to fight for your life. Your right to self-defense ends at the extent of your hand-to-hand combat skills.
Must suck for Grandmas.
The idea of "excessive force" is utterly, logically incompatible with a right to self defense. Either you have a right to defend yourself or you don't.
In Britain, excessive force would be, say, chasing said burglar well away from your house, catching him, and then beating him unconscious with a baseball bat or tyre iron.
Doing that in the confines or area around your home would be self defence.
EF comes in where the law and court will deem that you had burglar under control and there was no need, usually due to location or incapacitation, to beat him to a pulp.
For example, I ‘physically assaulted’ my burglar (grab, then several punches to disable him) but that was self defence. Had I had him under control, but decided to throw him off my balcony, that would be excessive force.
And if you were in a wheelchair?
Had I had him under control, but decided to throw him off my balcony, that would be excessive force.
Under your control?
Please elaborate.
I am not disagreeing with you, I am just trying to basically explain the laws here re self defence and ‘excessive force’.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.