My comments were in regards to deadly force and its justifications, not offenses committed by others. .....My apologies, I must have misunderstood your question.TEXASGIANT wrote:jbarn wrote:"Fear" is a common misunderstanding in the law. Fear is not mentioned in the law. The media loves to use the phrase "in fear of his life" when describing why someone used deadly force. I have even heard LE spokepersons use the phrase. However, being in fear is not a justification, nor a requirment, for a justification of deadly force.TEXASGIANT wrote:WOW!
Just for the sake of discussion. Why does the law require that we have to claim fear? Must we walk around afraid? Is it so difficult as a society to admit that some things that people want to do to others requires a particular response, without fear, remorse or hesitation.
I pray that in the future I can demonstrate better restraint and leave these things to the guys that get paid to thump on knuckleheads for me. Because no matter the outcome he ain't worth the trouble.
The code is clear when deadly force is justified; to prevent the other person's use or attempted us of unlawful deadly force, or to prevent the imminent commission of murder, aggravated kidnapping, sexual assault, aggravated sexual assault, robbery and aggravated robbery. No mention is made of being afraid or in fear of your life. You might be in fear of your life when one of those things are happening, but the fear is not your justification. A SEAL/Delta tier 1 operator who has seen action might not "feel" fear if someone tried to rob him with a gun, but that lack of fear does not remove his justification for using deadly force to defend himself.
Even in property crimes fear is not required.
A little story to illustrate why being in fear of your life should not be a justification: if you ever ride in a car with my sister......you will be if fear of your life.
Defending a third person has the same requirments.
WOW! Thanks but that's what an Asst. DA said when he told me they weren't going with the Terroristic threat but disorderly instead. It makes me no never mind but he also said that when the "COME AND GET SOME " Goes back and forth, it becomes mutual. I don't want to have to explain why I told him to come on and then did him. It is kind of a contradiction, I guess.
Fear IS a component of Terroristic Threats.