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Re: Another Hypothetical
Posted: Mon Dec 22, 2008 3:24 pm
by pbwalker
Morgan wrote:He's suggesting you were being catty.
Oh not me...He was quoting boomerang...
I guess this is one way for a new poster to introduce themselves...
Re: Another Hypothetical
Posted: Mon Dec 22, 2008 3:36 pm
by tarkus
pbwalker wrote:I guess this is one way for a new poster to introduce themselves...
Like a bull in a china shop!
Re: Another Hypothetical
Posted: Mon Dec 22, 2008 4:30 pm
by Morgan
pbwalker wrote:Morgan wrote:He's suggesting you were being catty.
Oh not me...He was quoting boomerang...
I guess this is one way for a new poster to introduce themselves...
I'm sorry, yes.... LOL He was saying boomerang is being catty.
Re: Another Hypothetical
Posted: Tue Dec 23, 2008 2:09 am
by alphonso
Quote: "I'm sorry, yes.... LOL He was saying boomerang is being catty."
Correct, and I believe he was...
Re: Another Hypothetical
Posted: Tue Dec 23, 2008 6:37 am
by Morgan
But he DID answer your question, and you have seemed to ignore the answer.
The act of the criminal grabbing your gun triggers (pardon the pun) a reaction from you. If that reaction falls under the deadly force provisions, then you're justified in using deadly force. There isn't anything hypothetical about most situations that can't be answered with the law. If the (insert whatever wild or mild hypothetical situation you care to contrive) makes you feel deadly force is legally justified, then deadly force is legally justified. You may have to PROVE that.
Heck, I could come up with a scenario where it may be justified to shoot a 5 year old... but it wouldn't be likely to HAPPEN.
Re: Another Hypothetical
Posted: Tue Dec 23, 2008 7:46 am
by Excaliber
Morgan wrote:But he DID answer your question, and you have seemed to ignore the answer.
The act of the criminal grabbing your gun triggers (pardon the pun) a reaction from you. If that reaction falls under the deadly force provisions, then you're justified in using deadly force. There isn't anything hypothetical about most situations that can't be answered with the law. If the (insert whatever wild or mild hypothetical situation you care to contrive) makes you feel deadly force is legally justified, then deadly force is legally justified. You may have to PROVE that.
Heck, I could come up with a scenario where it may be justified to shoot a 5 year old... but it wouldn't be likely to HAPPEN.
Well, not exactly.
Your perceptions of ability, opportunity, and jeopardy need to be in accordance with those of a
reasonable man to fall within the law. A person who sees a deadly threat where there is none and responds with deadly force will find himself living rent free in the greybar hotel for quite some time to come.
Re: Another Hypothetical
Posted: Tue Dec 23, 2008 10:25 am
by Morgan
That's what I said... "you may have to prove that." :)
Re: Another Hypothetical
Posted: Tue Dec 23, 2008 11:40 am
by Excaliber
Morgan wrote:That's what I said... "you may have to prove that." :)
You need to prove more than that you felt threatened. To stay out of the greybar hotel, you need to prove that your perception was objectively reasonable.
This is a critical distinction that is often misunderstood.
Re: Another Hypothetical
Posted: Tue Dec 23, 2008 12:16 pm
by Morgan
I understand... That's what I meant but I agree, I didn't say it well. Thanks for clarifying for the people who read it.