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Old June 3, 2016, 03:08 PM   #110
Lohman446
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Join Date: April 22, 2016
Posts: 2,192
Quote:
First, I hope you understand that you may not lawfully strike someone in retribution for his having struck you. Your only lawful justification for using force is the necessary and (that means last resort) defense against an imminent threat of the unlawful use of force against you.
I failed to articulate that well. Frankly if someone actually carries through and hits me it is likely my concept of using defensive movement to try to mitigate the damage is overcome to a large degree be sheer surprise. I would at that point likely back up and try to deescalate again (hey look - maybe he has proven he is "top dog" and will stop). I cannot know for certain that the second blow is not going to surprise me - perhaps not as much. By the third or fourth blow I am going to have to accept that this is really happening and if I simply allow it to continue will result in injury to me. I will, at some point, likely use some form of offensive blow to stop it (or try to). To be clear I do not believe at this point it involves using a firearm.

Quote:
It also generally perceived as more of a defensive measure and doesn't reek so bad of a chest thumping road rage brawl.
This is a really really interesting point. While others may have made it before it never really stuck with me. It is unlikely that any third party witnesses are going to see the first blow. Most of the consideration I have made to making very certain its clear I did not start the fight could be wasted and engaging in physical combat might very well look more like that willing brawl than the use of pepper spray. That is a point I had not considered well.

There is still a hurdle and one that the discussion over the past few days has not allowed me to clear. I am convinced that in the vast majority of circumstances deescalation will work before the first blow is landed. Tactically this means my response will not be until after it and at contact distance. Perhaps it is an issue of naivety. Still its something I have considered and I just am not willing to strike someone (or use pepper spray) until they have proven me wrong on that. I'm thinking of, in a controlled environment, seeing how badly pepper spray impacts myself because its use, because of this caveat, may impact me to some degree as well as the target.
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