Here’s a self-defense related question.
A young woman is walking to her car at night, in a dark parking lot. She sees someone breaking into her car. She is carrying a gun with her and draws it, ordering the criminal to put his hands up. Instead of surrendering, the criminal pulls out a knife and charges her. She shoots him.
Should she have retreated and called the police, knowing that the criminal might steal her car before the cops got there? Should she really be accused of escalating the situation when it was really the criminal who not only started the whole thing by breaking into the car, but escalated it when he pulled a knife and attacked?
I’m not asking the question from a perspective of what’s legally right - I can look up the law for any state. I’m curious as to what people think is the tactically/morally right thing.
Just have your hand on the gun, but don't expose it. If the clown fails to back down and walk away, and instead moves towards you, expose it and smile. If he continues to move forward, don't break the smile, just the silence.
She sees someone breaking into her car? He’s already proven he’s on the wrong side of the law. He knows he’s committing a felony. He’s probably equipped to deal with anyone who intervenes - and probably equipped to a degree compatable with the gravity of his chosen act. Drawing is the smart thing to do, as there is plainly a danger present; just being noticed may quickly lead to grave harm.
Backing away quietly is an option. Unfortunately, if noticed, this shows weakness and feeds his visceral nature to attack the weak. Whatever she does, if he notices then it probably won’t go well for her.
Taking verbally forceful control of the situation puts him off-guard, and makes him reconsider his fight-or-flight options.
The criminal pulls a knife and charges her? He’s trying to kill her. If she doesn’t stop him by any means possible, any reasonable person would expect she’ll end up dead. Despite her having the drop on him, he thinks he can eliminate her as a threat - showing confidence in his ability and confident doubt of hers.
Ability: the perp is lethally armed, and (being male with that occupation) is probably significantly faster & stronger than her.
Opportunity: a faster, stronger person, prepared and motivated, will probably outrun the surprised, ill-equipped, weaker party.
Jeopardy: he’s making a lethal threat and acting on it.
Condition White: no idea what’s going on. May very well walk right up to perp, be startled, and say “oh, that’s my car.”
Condition Yellow: know that something could happen. Was aware that parking lots attract perps, checked car well before arriving at it, was armed just in case.
Condition Orange: know that something is happening. Noticed perp committing felony at close range, drew, took command of the situation, ordered submission and compliance in light of felonious criminal activity, aware things could get much worse in a hurry.
Condition Red: know violent assault is underway. She should be moving sideways and pulling the trigger at this point.
Should she have retreated and called the police, knowing that the criminal might steal her car before the cops got there? Should she really be accused of escalating the situation when it was really the criminal who not only started the whole thing by breaking into the car, but escalated it when he pulled a knife and attacked?
Under the new Texas law, she has no duty to retreat from her home, business, or vehicle.
In my opinion, she would be justified in doing what you described. However, if we’re talking about my wife/daughter, etc, I’d rather she maintained a defensive posture and did not force a confrontation, but was trained and willing to use the gun if she had to.
Let’s forget about legalities for a bit. The first thing you should do when approaching your car when you notice someone is breaking in is to retreat and find cover as you’re drawing your weapon. Make sure you’re finding hard cover and not just concealment. I hadn’t thought of this point until you asked about this but it might be a good idea to put your license plate numbers into your cell phone directory.
When calling the police, tell them you are being carjacked. That might speed thing up a bit since you are in the vicinity and could still be in danger.
Under no circumstances would I approach the car because distance is your friend. If you feel competant enough to try to stop the theft, do it from cover and tell them in to stop what they are doing. If you are still on the phone to the police, obey their instructions. If you don’t want to do so, hang the phone up but make sure your next actions are commendable. Don’t be like the guy who shot the two burglars. His mouth was his own worse enemy.
“I’m not asking the question from a perspective of what’s legally right - I can look up the law for any state. I’m curious as to what people think is the tactically/morally right thing”.
When you present a weapon and the other charges I’d say it’s pretty clear. In the matter of a woman specifically, there also is a degree of latitude with respect to deadly force. A 100 lb woman faced with a 200 lb man, even if she is armed and he is not, is quite a bit more vulnerable to a sudden, overpowering assult.
One may retreat if one wants, but that is a personal decision. We have every right to attemt to stop a crime in progress. Any ner’do well who pulls a weapon and charges is is giving the gun holder a defense on a silver platter.
“Here’s a self-defense related question.
A young woman is walking to her car at night, in a dark parking lot. She sees someone breaking into her car. She is carrying a gun with her and draws it, ordering the criminal to put his hands up. Instead of surrendering, the criminal pulls out a knife and charges her. She shoots him.
Should she have retreated and called the police, knowing that the criminal might steal her car before the cops got there? Should she really be accused of escalating the situation when it was really the criminal who not only started the whole thing by breaking into the car, but escalated it when he pulled a knife and attacked?
I’m not asking the question from a perspective of what’s legally right - I can look up the law for any state. I’m curious as to what people think is the tactically/morally right thing.”
There is plenty of Texas case law that says “cap his ass”. Don’t wait for the knife etc. just cap him, DRT.
Grand juries no-bill this scenario pretty regularly in Tx.
Tactically, the 'arrest' [defined in my dictionary as any action needed to halt the crime ] can and should be made if possible under the circumstances.
Morally, I like the property=life theory as well as the good defeating evil philosophy. If I 'spend' x amount of hours working [time lost from family and self] then the taking of that property is the same as the taking of part of my life.
Beyond this physical life, God knows our hearts and will judge accordingly. In this life however He gives us choices [ and already knows the choices, and if repentence is forthcoming ] and in the instant that I have to choose to end the physical life of another human or not, I have faith that IF Im being pure of heart that He will make the decision for me. His will is the defeat of evil, and if I am a tool for that end I will be faithful in that quest, and if Im fooling myself, it will be me on the slab...