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Old September 25, 2012, 04:19 PM   #39
TailGator
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Join Date: May 8, 2009
Location: Florida
Posts: 1,974
Quote:
In any case, understand that if you intentionally deploy lethal force against another human, the onus will be on you to show that a reasonable and prudent person in like circumstances would have concluded that extreme violence against that person was necessary to stop an otherwise unavoidable serious and immediate threat.
I agree with you entirely, Frank. I responded to another person saying something to the effect that it is up to the GF, when someone is beating her door down, to determine if the person is drunk. In my locale, there was a case a few months ago in which a drunk was beating on someone's door in the wee hours of the morning, and the homeowner opened the door to him with a pistol in his hand. When the drunk lunged at him, he shot the drunk dead, and was not charged. We can certainly debate, with valid points, the wisdom of opening the door in that situation, but the drunken state of the bad actor was not an excuse for what he did in the eyes of the local LEO/prosecutors/courts.

Certainly you need to be able to elucidate the threat that you felt, and it needs to be found to be a reasonable threat. Suspecting or even knowing that someone is drunk does not rule them out as a threat - that is all I am saying.

Quote:
I think you will find . . . that the onus is on you to determine if someone is just drunk or a threat.
I pray every day that I don't have to defend myself with lethal force, but I don't think that "drunk" and "threat" are mutually exclusive, and legal authorities in my locale seem to agree. You definitely should know the laws in your location, and consider them in your defensive decisions, but I would also advise you not to assume that someone who appears drunk really is, or that he or she poses no threat to you because of their drunkenness.
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