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Old December 17, 2012, 11:06 PM   #38
Frank Ettin
Join Date: November 23, 2005
Location: California - San Francisco
Posts: 8,750
Originally Posted by Heavy Metal 1
For those out there who would vote to skewer the cannabis user even if his shot was totally justified...
You completely miss and misunderstand the point, and it's the same point with alcohol or any other substance that can impair one's perception or judgment.

The possibility of impaired perception and judgment will call into question whether the defendant's use of lethal force was justified. The possibility of impaired preception and judgment will call into question whether the defendant reasonably understood the situation and reasonably concluded that lethal force was necessary.

If a jury decides that the defendant was under the influence of a perception and judgment impairing substance, the jury might well conclude that the defendant misjudged the situation and used lethal force when it was not necessary. In that case the shot would not have been justified.
"It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff Cooper
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