|
Proving my medical condition would be as simple as rolling up my sleaves and quoting medical studies on what an injury to my fistula would entail, or quoting medical studies on oxygen usage in dialysis patients compared to those with kidney disease. Lots of pictures and other issues. So that wasn't really what I was asking.
I would really like to know if there is any actual case law where that was brought to force as a successful defense proving the disparity of force issue. Documenting my medical condition would not take long and I could do that myself as an expert witness since I have testified as an expert medical witness in the past. The question, is, is there any case law where this was used as a successful defense.
Of course, you must have the elements of jeopardy, imminant threat of grave bodily harm or death, opportunity and ability. The disparity of force issue goes into the ability portion of the self defense criteria. For myself, there are many issues where I would not tolerate a beating as others might. Platelet dysfunction in renal disease promotes easier bleeding, poor wound healing, the need for continued dialylsis which after bodily injury is subject to the need to anti-coagulate the blood during dialysis or risk clots, blood loss when I am already 20% lower levels of blood than normal people, fragile bones from the mineral bone disease of secondary hyperparathyroidism, i.e. we break bones easier and could be disabled in a fight quicker.
That is just a partial list of physiologic changes from renal disease that would be very easy to document. But once again, that is not the question. The question if anyone has it, is physical disability a known and proven case law to show that a single attacker equals disparity of force for someone in my condition. I am interested in the actual case law history of this type of self defense. I asked one CCW instructor, he did not have a specific answer, but felt by opinion that it would be a reasonable disparity of force documentation. Once again, this goes to the ABILITY aspect of a lawful self defense.
Thank you,
Alaska
|