Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Trailerpark Badass
I'd bet you my house a "verbal threat" of grievous bodily injury or death could justify use of lethal force, in nearly ANY jurisdiction.

It would have to accompany an actual perception on the part of the user of force that the speaker had the means and intent to carry out the threat in the language.

If I said to you, "I'm going to put your head in a blender and turn it on the highest setting", unless I am carrying a presently operable blender and appear sincere in my threat, you probably shouldn't use deadly force. An extreme example, I know, but it illustrates the point.

102 posted on 07/15/2013 3:06:17 PM PDT by 101stAirborneVet
[ Post Reply | Private Reply | To 101 | View Replies ]


To: 101stAirborneVet
Yes, the legal requirement, generally, is that the threat would reasonably be considered credible, with reasonableness being determined by a jury.

That said, if a teenage punk says, "I got a gun, and I'm gonna shoot your ass," you are not required to wait around and see if he actually pulls out a gun and shoots you before you can use deadly force.

Such is the problem with teenage bravado.

103 posted on 07/15/2013 3:16:25 PM PDT by Trailerpark Badass (There should be a whole lot more going on than throwing bleach, said one woman.)
[ Post Reply | Private Reply | To 102 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson