View Single Post
Old December 16, 2001, 05:06 PM   #8
striderteen
Senior Member
 
Join Date: December 14, 2001
Location: Pasadena, California
Posts: 590
"Hi.

It was interesting reading. But a few pointers...

You seem to advocate the use of firearms using military principles rather than civilian self defence. While this is good for things like, shot placement, it can also land the defender in jail for life.

For example, the double-tap. Mindlessly double-tapping the aggressor will always be considered "overkill" by the jury, or the prosecution will make it sound overly brutal. The excuse, "that's the way I was trained" is not a valid defence for double-tapping. As a civilian defender, the worst you are allowed to do is the shoot-assess cycle: one shot, then assess, repeat if deadly force is still present. So, it is even more important that your single shot gives maximum effect.

Remember that when using deadly force to defend yourself, you must make sure that the agressor:
1. Possesses a lethal force weapon.
2. Is in a position to use the weapon to inflict death.
3. Shows undoubtable intent to use the weapon to cause death.

... and more, depending on the strictness of your judicial system.

Otherwise, your case in court is dead.

As a civilian defender, it is always better to use the minimal-force approach. This is especially necessary in countries with very strict laws regarding self defence (in Australia, people are routinely jailed for using guns to defend themselves). Sometimes a confrontation can't be solved by anything but a gun. However, 99% of self defence scenarios can be resolved without using deadly force.

Regards,
"

No offense intended, but are you a lawyer? Furthermore, what country are you from? I know Poland in particular is excessively stupid -- you're not allowed to use a gun against an attacker unless he has a gun AND HAS FIRED AT YOU.

In the U.S., the law generally holds that you are justified in using lethal force any time you reasonably believe that unlawful force which will cause death or grievous bodily harm is about to be used on you. That is, if you are being threatened with a deadly weapon -- deadly weapon being anything capable of killing, including screwdrivers, chairs, lamps, etc.

You are also justified in using force (lethal and non-lethal) to defend others if you reasonably believe they need assistance.

Home defense is slightly different. You have a right to use non-lethal force in defense of your dwelling when you believe that such conduct is needed to prevent or stop another's unlawful entry or attack. Lethal force is justified if violent entry is being made or attempted and you reasonably belive that you must use lethal force to prevent an attack upon yourself, or when you believe that such force is required to stop a person from entering your home in order to commit a felony.

You are also permitted to use reasonable force in order to stop a crime or disturbance of the peace; lethal force in case of dengerous felony that involves a risk to human life.

Disclaimer: I am not a lawyer, nor a law student for that matter. Do not construe this as legal advice in any way, shape or form.
striderteen is offline  
 
Page generated in 0.03253 seconds with 8 queries