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View Diary: The Use of Deadly Force (36 comments)

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  •  Scenarios 1-3 (4+ / 0-)
    Recommended by:
    kirrix, gzodik, salmo, Be Skeptical

    seems to cover legitimate use of self-defense, and the standard by which cops/military act.  (e.g. Drop your weapon!)

    Scenario 4 is interesting because it gets into the waters of Stand Your Ground--except for one thing--this scenario actually doesn't quite there  because, in your example, there is NO HOPE of retreat.  The threat faced by Albert here is real---there is an armed man, threatening him in a no-outlet alley.  If Albert waits, there is a good chance he will die.  I think Scenario 4 would be a case in which self-defense MAY be able to win the case without invoking Stand Your Ground at all.  

    I'm not a lawyer, but there is a term called 'imperfect self defense', by which sentencing is mitigated if a threat is perceived--but was, in fact, unreasonable.

    In Scenario 4, the perceived threat IS reasonble--i.e. the perpetrator is armed, threatening, and has strategic advantage.

    so Scenario 4 may depend on the specific circumstances.

    Scenario 5 seems to me to be unreasonable--although I'm sure that states with Stand Your Ground laws might try to use it.

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