View Single Post
Old May 24, 2009, 07:50 PM   #34
Wildalaska
Junior member
 
Join Date: November 25, 2002
Location: In my own little weird world in Anchorage, Alaska
Posts: 14,172
Quote:
1. Can the pharmacist reasonably articulate that he was still in fear of his life or grievous bodily harm from the moving but down violent criminal actor?

That's crucial and the whole game.
Depending on the jurisdiction thats half the game

"The jury must first determine whether the defendant had the requisite beliefs under section 35.15, that is, whether he believed deadly force was necessary to avert the imminent use of deadly force or the commission of one of the felonies enumerated therein. If the People do not prove beyond a reasonable doubt that he did not have such beliefs, then the jury must also consider whether these beliefs were reasonable. The jury would have to determine, in light of all the "circumstances", as explicated above, if a reasonable person could have had these beliefs"

People v Goetz 68NY296, 115

WildimlookingforanonpointheresanothercaseAlaska TM
Wildalaska is offline  
 
Page generated in 0.03065 seconds with 8 queries