Quote:
|
Originally Posted by rodeo roy
...In a real life sd which is the proper fight or flee zone distant, can you see somebody pull a gun and make a dash for cover or exit stage left in 50yds, 30yds, where do you make a stand and fight from. No wrong or right answer just wondering ...
|
The reasons there's no right answer are because (1) distance alone is not the test; and (2) it's not even the right question.
The basic test as to whether lethal force would be justified is sometimes referred to as AOJP:
- Would a reasonable and prudent person in like circumstances and knowing what you know conclude that the assailant had the Ability, i. e., the power to deliver force sufficient to cause death or grave bodily harm;
- Would a reasonable and prudent person in like circumstances and knowing what you know conclude that the assailant had the the Opportunity, i. e., the assailant was capable of immediately deploying such force;
- Would a reasonable and prudent person in like circumstances and knowing what you know believe himself or an innocent to be in Jeopardy, i. e., the assailant was acting in such a manner that a reasonable and prudent person would conclude that he has the intent to kill or cripple; and
- Would a reasonable and prudent person in like circumstances and knowing what you know conclude that circumstances Preclude other safe [to the defender] means of avoiding harm?
Distance can be a part of the equation, but there are other factors as well that are material to assessing the situation.