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Old September 8, 2014, 12:49 PM   #28
Spats McGee
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Join Date: July 28, 2010
Location: Arkansas
Posts: 8,039
Quote:
Originally Posted by BobCat45
WRT post #13:
Spats, in your opinion, could such a claim of self defense hold up in court?
First, my caveats: (#1) I'm a lawyer, but I'm not your lawyer. I'm not licensed in your jurisdiction, so what follows is simply commentary, not legal advice. (#2) I've only skimmed the article.

Now that I have that out of the way, yes, such a claim could hold up. In describing SD in legal terms, most jurisdictions have some variant of "reasonably believed that he was in imminent danger of death or grave bodily injury" in their statutory language. The term "reasonable" often means that it can be left to a jury to determine if the SD Shooter's belief, that he was in imminent danger of death or grave bodily injury, was "reasonable," meaning something like "an ordinary, reasonable person, having the information possessed by the SD Shooter, could come to the same conclusion." So it might have to go to the jury to make that decision, but under the right facts, yes, a jury could find it reasonable.
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