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Re: Not so hypothetical question regarding right to defend...
Posted: Fri May 06, 2016 3:08 pm
by Caliber
Seems a bit odd that:
If a person commits murder and is fleeing (after the murder), you cannot use deadly force to stop the fleeing person. However, you can use deadly force to stop a fleeing person if they stole certain property at night.
Re: Not so hypothetical question regarding right to defend...
Posted: Fri May 06, 2016 3:16 pm
by ScottDLS
Naw...the murder's already done, but if you shoot the fleeing horse thief, you might actually get your property back. That will help you, but shooting the murderer won't do the dead guy any good.

Re: Not so hypothetical question regarding right to defend...
Posted: Fri May 06, 2016 3:18 pm
by ScottDLS
You can use deadly force against someone trying to commit suicide...

Re: Not so hypothetical question regarding right to defend...
Posted: Fri May 06, 2016 4:07 pm
by Soccerdad1995
Caliber wrote:Seems a bit odd that:
If a person commits murder and is fleeing (after the murder), you cannot use deadly force to stop the fleeing person. However, you can use deadly force to stop a fleeing person if they stole certain property at night.
It makes more sense when you shift your mindset to think about the use of deadly force to prevent something bad from happening right now. Your property will be gone right now if you don't act to stop a fleeing thief.* Someone will get hurt or killed right now if you don't act to stop an assault.
But a LTC holder is not supposed to be doing the job of law enforcement. LTC's prevent harm from occurring. LEO's investigate and prosecute criminals after the harm has already occurred. That distinction is important, I believe. As an LTC, I can help the LEO's do their job (by being a good witness), but I shouldn't try to do it for them.
* Personally I think all human life is precious, and no one deserves to die over a small amount of possessions, but I will respect the decisions of criminals who disagree with me and who believe that their lives are worth less than the value of my stuff. After all, they know their true worth better than I do.
Re: Not so hypothetical question regarding right to defend...
Posted: Fri May 06, 2016 4:21 pm
by WildBill
ScottDLS wrote:Naw...the murder's already done, but if you shoot the fleeing horse thief, you might actually get your property back. That will help you, but shooting the murderer won't do the dead guy any good.

Is shooting a dead man a crime?
Re: Not so hypothetical question regarding right to defend...
Posted: Fri May 06, 2016 4:30 pm
by twomillenium
ScottDLS wrote:You can use deadly force against someone trying to commit suicide...

HUH no you can't.
PC ยง9.34. PROTECTION OF LIFE OR HEALTH.
(a) A person is justified in using force,
but not deadly force, against another when and to the degree he reasonably believes the force is immediately necessary to prevent the other from committing suicide or inflicting serious bodily injury to himself.
Re: Not so hypothetical question regarding right to defend...
Posted: Fri May 06, 2016 8:26 pm
by thetexan
ScottDLS wrote:You can use deadly force against someone trying to commit suicide...

No. You can not, legally.
tex
Re: Not so hypothetical question regarding right to defend...
Posted: Sat May 07, 2016 12:04 pm
by JustSomeOldGuy
WildBill wrote:ScottDLS wrote:Naw...the murder's already done, but if you shoot the fleeing horse thief, you might actually get your property back. That will help you, but shooting the murderer won't do the dead guy any good.

Is shooting a dead man a crime?
- discharging a firearm within city limits (where applicable)
- PC42.08 Abuse of a corpse

Re: Not so hypothetical question regarding right to defend...
Posted: Sun May 08, 2016 11:00 am
by TexasFlash
Soccerdad1995 wrote:Caliber wrote:Seems a bit odd that:
If a person commits murder and is fleeing (after the murder), you cannot use deadly force to stop the fleeing person. However, you can use deadly force to stop a fleeing person if they stole certain property at night.
* Personally I think all human life is precious, and no one deserves to die over a small amount of possessions, but I will respect the decisions of criminals who disagree with me and who believe that their lives are worth less than the value of my stuff. After all, they know their true worth better than I do.
I see what you did there
Dave

Re: Not so hypothetical question regarding right to defend...
Posted: Sun May 08, 2016 11:40 am
by SA_Steve
"recovered by any other means"
would insurance meet the definition of any-other-means ?
Re: Not so hypothetical question regarding right to defend...
Posted: Sun May 08, 2016 11:58 am
by WildBill
SA_Steve wrote:"recovered by any other means"
would insurance meet the definition of any-other-means ?
Insurance [money] can be used to replace items, but can not recover property.