Agulia -- Thanks for pointing out the disparity of force issue. I should have added a footnote about it.
Quote:
|
Originally Posted by Elvishead
I'm not sure were you live, but good luck telling that to the judge.
|
Agulia is spot-on.
In legal circles,
disparity of force plays a significant role in justifiable homicide and cases of self-defense. Any time the aggressor can bring to bear an amount of force likely to rapidly overwhelm and/or cause death or great bodily harm, the victim is entitled to use lethal-force.
Examples include...
- An elderly victim versus a much younger attacker
- A child vs. an adult
- A small statured person vs. a much taller person. (e.g. female vs. male)
- A disabled person vs. a one with no disabilities
- A person who is temporarily ill/disabled vs. a fit person
But it's not limited to those cases. For instance, let's take a 5'10", 185 lb male of 62 years. We can recognize that at 62 years, even if he is in
"good shape for his age" his older bones are probably easier to break than those of a 22 year old. Plus a lifetime of various foods, diets, etc. puts him at higher risk of heart-attack or a stroke in a physical encounter. A single blow to the face is very likely to result in shattered facial bones. But if this 62 year-old's physical condition is average-to-poor, he may not be able to engage in
any physical altercation beyond several seconds.
Reverse that -- a fit, able-bodied girl, 9-14 years old vs. a 32 year old adult male. The male has height, weight and size (reach, length-of-stride) advantages. The young girl is not sufficiently strong enough to land physical blows that will dissuade his attack on her.
In these cases, courts have held that the weaker victim has the right to resort to lethal-force for self-defense when there exists a reasonable fear of great bodily injury or death by virtue of the size and overwhelming power of the aggressor.
Agulia can be 6'9" tall, but if he's a senior citizen in frail health (i.e. a bad back that can be seriously injured and high blood pressure) then engaging in a physical confrontation
at all might risk great bodily injury. This entitles him to use lethal force even against a smaller, but much more able opponent.
Disparity of force also applies to multiple attackers vs. a single defender. If Elvishead is a 29 year old physically-fit male standing 5'11" at 180 lbs, is confronted by 3 or more physically aggressive males of various sizes, lethal force
may be a suitable option. Especially when all three are actively participating in harrassment, physical contact or the threat of a physical beating. Even if the "leader" (aggressor) makes the threat that his buddies are there to back him up, lethal force
may be justifiable.