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

To: Cboldt; Mister Da

“— In our legal system, you may not physically defend yourself until attacked. Threats are not sufficient to justify a violent reaction. —

That is false. The legal standard can be found in any “justified use of deadly force” statute. It is to reasonably believe there is a risk of serious injury or death.”

Not quite that simple, otherwise we should shoot at anyone driving a car.


117 posted on 10/26/2013 6:17:34 AM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
[ Post Reply | Private Reply | To 110 | View Replies ]


To: driftdiver
"Reasonably believe" is about as complex as it gets. The jury gets to decide if your use of deadly force was justified, and they get to substitute their sense of "reasonable" for yours.

There is no requirement that the other person actually use force. The justification for the use of deadly force turns on the risk that a reasonable person would perceive.

A threat of force is enough, depends on the threat and many other factors.

121 posted on 10/26/2013 6:22:25 AM PDT by Cboldt
[ Post Reply | Private Reply | To 117 | 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