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Old October 10, 2015, 08:18 AM   #111
OldMarksman
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Join Date: June 8, 2008
Posts: 3,860
Posted by kilimanjaro:
Quote:
A reasonable citizen gets to defend himself, if he goes out to his driveway to confront the car thief, and the thief is aggressive, the outcome is due to the actions of the thief.
I'm afraid that's a bit naive.

Over the last several years, we have had numerous reports here and on other boards of people who have set out forth armed to "confront" people.

That's generally lawful in most jurisdictions--unless things go south.

The problems have usually arisen when the confrontations have ended up involving the actual use of deadly force by said "reasonable citizens".

The citizens' defenses of justification can be very adversely affected if there is any indication that the defendants had in any way brought about the actual confrontation---words very from one state to another. That may sound incredible to some, but things can turn out that way, and it can happen in the driveway, in the side yard, or out back next to the shore of the lake that comes up to the property.

The other kind of thing that has happened has been the failure of the "reasonable citizen" to prevail in his defense of justification because it was found that the real reason the "responsible citizen" had for going out in the first place was to defend property.

I suppose that in any one of this cases, a jury might have decided differently, but with the stakes so high, I most certainly wouldn't want to risk it.

Those were cases in which the "responsible citizen" prevailed physically. That's not necessarily a good assumption.

Why would anyone ever assume that "the car thief" is alone? The "responsible citizen" can see him, but the thief's accomplice, who is not seen, will most surely know just where to watch for the emerging defender.

It is sometimes the "responsible citizen" who is very seriously injured.

Most of us, most knowledgeable professionals, and most trainers strongly advise against heading our to confront what may be an evildoer or two or three on the property.
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