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Sleuth · December 9, 2011, 05:34 PM

The other issues with pepper sprays, saps, batons, etc. are:

1. Have you had training with them? Misused, they can cause "disproportionate injury".

2. If you carry a sap, but shoot someone, the prosicutor WILL ask you why you did not just hit them with your sap/spray/baton. Heck, in some areas they still ask why you didn't "just shoot the gun out of his hand?", or "just shoot him in the leg?" This only complicates your defense that you were acting to save your life.

That is, in most states, deadly force may be used only to prevent death or serious bodily harm (in at least one state, [New York?], it was held at one time that rape was not a crime of serious bodily harm - ask your wife/girlfriend/daughter what they think.). If you are not at risk of D/SBH, they you may only use "proportionate force". Now your attacker says all he had was empty hands, and you hit him with a lead sap - "no fair'.

Just being the 'devils advocate' here, you understand. This is why I strongly advocate the 'Nike defense' - RUN AWAY!
I will attempt escape until I can justify the use of deadly force - I'm not in LE any more, and have no duty to apprehend, nor do I have to deal with those who are not threatening my life, or the life of another. It all depends on what you can articulate to justify your actions.

December 9, 2011, 05:34 PM	#46
Sleuth Senior Member Join Date: September 27, 2002 Location: Arizona Posts: 445	The other issues with pepper sprays, saps, batons, etc. are: 1. Have you had training with them? Misused, they can cause "disproportionate injury". 2. If you carry a sap, but shoot someone, the prosicutor WILL ask you why you did not just hit them with your sap/spray/baton. Heck, in some areas they still ask why you didn't "just shoot the gun out of his hand?", or "just shoot him in the leg?" This only complicates your defense that you were acting to save your life. That is, in most states, deadly force may be used only to prevent death or serious bodily harm (in at least one state, [New York?], it was held at one time that rape was not a crime of serious bodily harm - ask your wife/girlfriend/daughter what they think.). If you are not at risk of D/SBH, they you may only use "proportionate force". Now your attacker says all he had was empty hands, and you hit him with a lead sap - "no fair'. Just being the 'devils advocate' here, you understand. This is why I strongly advocate the 'Nike defense' - RUN AWAY! I will attempt escape until I can justify the use of deadly force - I'm not in LE any more, and have no duty to apprehend, nor do I have to deal with those who are not threatening my life, or the life of another. It all depends on what you can articulate to justify your actions. __________________ Sleuth Last edited by Sleuth; December 9, 2011 at 05:40 PM.