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Training and Use of Lethal Force...Lesson 1
RugerNiner
Member Posts: 12,636 ✭✭✭
LESSON ONE.....Reality of Self-Defense
Your first consideration is reality. We have to accept the concept we must prevent being in a situation requiring self-defense. That sounds simple, but about 85% or more of self-defense cases involve someone we know. Someone we work with, family member, neighbors, friend, spouse, etc. It is seldom a gang-banger, stranger type of person. We sometimes fear the unknowns out there more than those around us.
Tempers can flare over matters such as money, property lines, emotions and more. Those areas are ripe for a disaster. When a self-defense case shows up and it falls into that type of category it is will seldom be ruled as "self-defense."
The reason for that is that you failed to back-off or get out of the situation. People have been killed in disputes for things as trivial as a parking place. When tempers flare you step beyond the area that is self-defense and you can become the antagonist and the predator. Self-defense in almost every case will demand you show what you did to avoid the problem.
The, "I'll show you" logic can put you in jail rather quick. Even when other person has or gets a weapon, it can fail to be self-defense if you have the opportunity to retreat or leave the area or defuse the situation.
You also can't "bait" someone. Maybe someone is breaking into cars and you decide to hide in your garage and catch them in the act. Not a good move for a lot of legal reasons. It is one thing to be aware of a crime against you, but a "reasonable" person would be expected to call 911 and not confront the criminal. Besides, we are talking only a property crime. Is it worth shooting someone over a cassette deck?
If a person is concerned about crime they should install alarm systems, fences, motion detection lights and other security devices.
Investigators will look over your situation and see if you did everything a "reasonable" person would do to PREVENT being a victim of a crime. Hiding in the dark and other such actions is NOT self-defense. It will put you at great legal peril to try actions like that.
The criminal system is pretty much based on the "reasonable man" doctrine. The concept is to view a law as a reasonable person would. It is hard to find a person like that, but you must be reasonable.
Your concepts of what has taken place and your actions must be reasonable and not based on raw emotions.
Remember...Terrorist are attacking Civilians; Not the Government. Protect Yourself!
Edited by - RugerNiner on 04/15/2002 21:25:06
Your first consideration is reality. We have to accept the concept we must prevent being in a situation requiring self-defense. That sounds simple, but about 85% or more of self-defense cases involve someone we know. Someone we work with, family member, neighbors, friend, spouse, etc. It is seldom a gang-banger, stranger type of person. We sometimes fear the unknowns out there more than those around us.
Tempers can flare over matters such as money, property lines, emotions and more. Those areas are ripe for a disaster. When a self-defense case shows up and it falls into that type of category it is will seldom be ruled as "self-defense."
The reason for that is that you failed to back-off or get out of the situation. People have been killed in disputes for things as trivial as a parking place. When tempers flare you step beyond the area that is self-defense and you can become the antagonist and the predator. Self-defense in almost every case will demand you show what you did to avoid the problem.
The, "I'll show you" logic can put you in jail rather quick. Even when other person has or gets a weapon, it can fail to be self-defense if you have the opportunity to retreat or leave the area or defuse the situation.
You also can't "bait" someone. Maybe someone is breaking into cars and you decide to hide in your garage and catch them in the act. Not a good move for a lot of legal reasons. It is one thing to be aware of a crime against you, but a "reasonable" person would be expected to call 911 and not confront the criminal. Besides, we are talking only a property crime. Is it worth shooting someone over a cassette deck?
If a person is concerned about crime they should install alarm systems, fences, motion detection lights and other security devices.
Investigators will look over your situation and see if you did everything a "reasonable" person would do to PREVENT being a victim of a crime. Hiding in the dark and other such actions is NOT self-defense. It will put you at great legal peril to try actions like that.
The criminal system is pretty much based on the "reasonable man" doctrine. The concept is to view a law as a reasonable person would. It is hard to find a person like that, but you must be reasonable.
Your concepts of what has taken place and your actions must be reasonable and not based on raw emotions.
Remember...Terrorist are attacking Civilians; Not the Government. Protect Yourself!
Edited by - RugerNiner on 04/15/2002 21:25:06
Keep your Powder dry and your Musket well oiled.
NRA Lifetime Benefactor Member.
NRA Lifetime Benefactor Member.
Comments
lets all be responsible! shoot a criminal!
Not in Texas... the one state that still collectively sports half a brain...
Don't worry about the bullet with your name on it, worry about the fragmentation grenade addressed 'To Occupant'.
Remember...Terrorist are attacking Civilians; Not the Government. Protect Yourself!
NRA Lifetime Benefactor Member.
I remember thinking, "What a dummy. He'll be charged for sure."
I was wrong. A while later the Grand Jury no-billed homey #1, and it occurred to me that what he did is SPECIFICALLY allowed in Chapter 9 of the Texas Penal Code. Not recommended, but allowed.
SIG pistol armorer/FFL Dealer/Full time Peace Officer, Moderator of General Discussion Board on Gunbroker. Visit www.gunbroker.com, the best gun auction site on the Net! Email davidnunn@texoma.net