{"id":62837,"date":"2017-04-23T09:56:07","date_gmt":"2017-04-23T14:56:07","guid":{"rendered":"http:\/\/www.shotinthedark.info\/wp\/?page_id=62837"},"modified":"2017-04-23T09:56:07","modified_gmt":"2017-04-23T14:56:07","slug":"factors-of-self-defense","status":"publish","type":"page","link":"http:\/\/www.shotinthedark.info\/wp\/?page_id=62837","title":{"rendered":"Factors of Self-Defense"},"content":{"rendered":"

I use this so much, I figured I’d make it a static page.<\/p>\n

In most states, to use lethal force in self-defense, you have to convince people – the cops, the prosecutor, and if that fails, the jury – that you met most or all of the following critera. \u00a0Which criteria, and exactly how you have to meet them, depends on state statute, case law and, let’s be honest, the mood of the electorate that’ll be voting for the county prosecutors.<\/p>\n

But as a pragmatic matter, most of them involve meeting the following criteria:<\/p>\n

You Can’t Be The Aggressor<\/strong>: \u00a0You can’t start a fist fight, and then pull a gun when someone pulls a knife. \u00a0It can go way beyond that, of course; in a recent Minneapolis case, a group of men at a “Black Lives Matter” protest who shot at people chasing them outside in self-defense – lost their case largely because the prosecutor showed the jury – the “reasonable people” – video they took on their way to the event bragging about\u00a0wanting\u00a0<\/em>to mix it up with protesters.<\/p>\n

You Must Be In Reasonable, Immediate Fear of Death or Some Significant Harm<\/strong>: \u00a0Each word means something. \u00a0The fear must be immediate – if someone says “I’m going to stab \u00a0 you – in an hour”? \u00a0That’s not immediate. \u00a0“Reasonable” means “a jury will believe it”. \u00a0Death is obvious; the level of harm that also justifies self-defense varies by jurisdiction. \u00a0In some states – Minnesota is an example” – the standard is “Great Bodily Harm”, which means losing a faculty, severe disfigurement, maiming or cripping. \u00a0 Rape (of a woman) will also usually count. \u00a0Many other states use “Serious Bodily Harm”, which is a lower standard.<\/p>\n

The Force Used Must Be Reasonable<\/strong>: \u00a0You may only use lethal force until the threat you perceive above is over. \u00a0You can shoot until your attacker\/s fall over, but you can’t finish ’em off when they’re on the ground bleeding out and unconscious.<\/p>\n

You Have a “Duty To Retreat”<\/strong>: \u00a0 You must make a reasonable effort to disengage from the situation. \u00a0 “Reasonable” means reasonable; if you are a woman pushing a stroller, you are not expected to abandon the baby. \u00a0If you are a sixty year old guy with a cane, beset by two twenty year old robbers with clubs, you are not expected to try to outrun them.<\/p>\n