seamusTX wrote:LedJedi, can you point to the type of case that you are speculating about ever happening in real life?
Nope, i honestly can't man. I'm not a lawyer or by any stretch a legal expert. I'm simply going by what seems common sense and logical to me. I don't know the first thing about the Harry Fish case you're talking about but it sounds like the guy was being intimidated and verbally abused and he shot. Verbal threats and body language are justification for Force, but not deadly force. If he shot the guy without justification for DF that's probably why he's behind bars. I'm not about to speculate on whether OC/CS would have changed the outcome. there are too many variables and i'm not familiar with the case. I can tell you I don't want to be the first case where this IS a factor though.
Liberty wrote:
I am not a lawyer and not an expert on this, but as I understand it this line of questioning just isn't allowed in Texas.
The justification for using deadly force is clearly defined. What can be at issue is whether you are justified in using deadly force. You either are justified or not. The issue of whether or not less than deadly force would have have been sufficient isn't up for debate at either a civil or criminal trial. The recent castle doctrine have helped clarify these issues
Charles Cotton's seminar is a great source of information on this topic and an explanation from him is from someone who literally wrote the book on this topic.
Same here man. I'm not a lawyer either by any stretch, but I don't see why that questioning would be disallowed. In that scenario the attorney would be trying to invalidate the "immediately necessary" part of the DF justification by suggesting that you had the opportunity to use LTL measures that were immediately available to you (on your person). If the attorney is trying to cast doubt on immediately necessary then he can completely unwind the justification for DF so I would think that would be relevant.
I'd like to be perfectly clear here. I have 100% respect for anyone who carries LTL measures. I think it's noble, but I think in some cases with a clever lawyer it can be turned against you. I can't cite where it's happened, but I don't know how many CHLs have had LTL on them when they had to pull the trigger.
But, if i apply this logic to a case most of us are familiar with you might at least see my perspective. What if joe horn had had OC/CS on him when he shot those two guys? Everyone in the country would be screaming that he should have used that instead his shotgun even though he was completely justified in using DF. IMO him having OC/CS (he didn't have it to my knowledge) would have made even more trouble for the defense if he didn't use it first. He had enough trouble defending himself without that extra added layer of complexity. no?
You guys may very well be right and i could be just off my rocker here. In reality i dont think there is a right/wrong answer, there are only trade-offs. I'm much more comfortable with the trade offs where I don't carry LTL at the moment, but I see the benefit of carrying as well. You just have to decide for yourself if it's the right decision for you.
If you chose to carry LTL i highly recommend foam OC/CS over standard spray or use of stun gun or taser so at the very least you minimize the chance of YOU being affected by your own weapon.
If you doubt that your standard stream OC/CS can hurt you if used correctly then try this... simulate a close quarter deployment on your own. Climb into your shower and close the curtains and get your back up against the back wall. That + 2-3 feet is about the effective range of most sprays. This should simulate a close quarter deployment pretty well and keep you from contaminating your whole house. Spray the opposite wall with whatever dose you think you would normally use and just stand there for about 10 seconds (you may not even need to do that). See how it effects you. i can almost guarantee you're going to get a pretty good dose yourself. Then, when you recover, imagine what it's like if you have to spray someone who's even closer.
You don't generally get the above with foam spray and certainly not with tasers/stuns. You're still at 100% which is good because you may need to use DF anyway.