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Old August 24, 2009, 06:39 PM   #59
Frank Ettin
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Join Date: November 23, 2005
Location: California - San Francisco
Posts: 9,471
Quote:
Originally Posted by Walt Sherrill
Yeah -- that's one way of looking at it.

But, any perp could use the same sort of argument to justify taking the victim out of action, quickly, and that's hardly self defense.
Quote:
Originally Posted by Walt Sherrill
...the best way to "get the bad guy" out of action, quickly...
Quote:
Originally Posted by fiddletown
Strikes me that is the essence of the use of force in self defense -- stop the threat quickly.
Huh? Let's try it this way:

[1] You are wrongfully attacked. You are innocent. The nature of the attack is such that a reasonable person would conclude that it is necessary to use lethal force to prevent your otherwise unavoidable, immediate death or grave bodily injury at the hands of your attacker.

[2] The facts are therefore such that you are justified in using lethal force in self defense against your aggressor. Your use of force is justified.

[3] To most effectively defend yourself under such circumstances, you want to stop the threat quickly. That is the essence of self defense by the use of force under circumstances in which your use of force is justified.
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