View Single Post
Old September 19, 2012, 07:06 PM   #11
Rovert
Senior Member
 
Join Date: October 6, 2001
Posts: 818
Quote:
Originally Posted by allaroundhunder
Sec. 9.22. NECESSITY
Conduct is justified if:
(1) the actor reasonably believes the conduct is immediately necessary to avoid imminent harm;
I think you might be making a mistake by not understanding that the law is still going to recognize granularity from where 'necessity' starts. Though the authorization for use of force to avoid 'imminent harm' might begin at 'necessity' it doesn't absolve you of 'extremity'. At least, that's the way the local DA might look at it.

Remember that even after the criminal charges (or lack thereof) are addressed, the civil actions begin, and there's a different kettle of fish because different standards are applied. However, you're welcome to your opinion, I only hope you don't confuse personal opinion for legal fact and real-world possibilities by assuming that the moment you pass 'necessity' that it's a green light to pull the trigger and receive a free 'get out of jail' card.

That said, you made your case. Now, let's let other folks chime in with other viewpoints.
__________________
"Following the path of least resistance is what makes rivers, and men, crooked."
Rovert is online now  
 
Page generated in 0.03568 seconds with 7 queries