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Old November 18, 2008, 12:01 PM   #63
Ricky B
Senior Member
 
Join Date: November 3, 2002
Posts: 251
"Subjective" and "objective" are terms which have accepted meanings in this area, but debating the meaning those terms does not advance the discussion. If you don't like them, you don't have to accept them.

The law is clear, and the instruction that the judge will give the jury embodies this, that the victim's feelings alone are not sufficient. Not only must the person using deadly force genuinely have the requisite fear, but also a "reasonable person" must have acted the way the defendant did under the circumstances.

Who makes the decision of what a reasonable? The jury. Do they apply judgment? Yes, but it's their collective judgment as to what was reasonable under the circumstances.

So anyone who thinks that his feelings alone will provide the basis for self-defense if he uses a firearm on another person is grievously mistaken.

Last edited by Ricky B; November 18, 2008 at 12:02 PM. Reason: correct spelling error
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