Self Defense and Law

[Rick]

From my prospective it comes down to priorities; my first priority is survival of the confrontation, my second priority is treatment of my injuries and then I worry about legality last. Its not a popular view point with the liberals or the courts but reasonable cause and reasonable use of force are purely situational. For example, my little brother found out his girl-friend was cheating on him and went to a friends house where she and the other man were at. He walked into the house and asked to speak with the ex-girl friend, the whole affair is complicated cause they have a kid together and when he calmly asked to speak to his X the other guy stood up in his face and he dropped the guy with an uppercut as soon as he stood up.

She called the police and officer on the scene took my lil bros side, saying that under those situational conditions the other guy was an aggressor and he was using physical intimidation which is a threat of violence. Another LEO could have seen the act as unprovoked use of violence; its all open to situational interpetation. Fortunately for my bro that LEO felt that since he a) didn't hesitate and b) the other guy stood up in his face for no reason; that my little brother was justified in a pre-emptive first strike. But he could have just as easily gone to jail if the LEO saw something differently...

You story about your brother still doesn justify anything. He not only was lucky to not have a different LEO. He was lucky the guy wasn't seriously hurt. He was lucky that the guy, or someone on his behalf, didnt come after your brother. I dont care if they had a kid together. I wonder what kind of a person hooks up with someone who leaves him in the first place.

I can tell you a simular story and the guy went to jail. In jail, he got killed. And for what, to show he can fight. That he didnt take no crap.

The survival of the confrontation doesnt just lay upon the physical application. Every situation is different. To also mention, there is a certain mentality and thought process one has to do, in some situations.

[Ron]

You story about your brother still doesn justify anything. He not only was lucky to not have a different LEO. He was lucky the guy wasn't seriously hurt. He was lucky that the guy, or someone on his behalf, didnt come after your brother. I dont care if they had a kid together. I wonder what kind of a person hooks up with someone who leaves him in the first place.

I can tell you a simular story and the guy went to jail. In jail, he got killed. And for what, to show he can fight. That he didnt take no crap.

The survival of the confrontation doesnt just lay upon the physical application. Every situation is different. To also mention, there is a certain mentality and thought process one has to do, in some situations.

Actually it proves a point, my lil brother could argue in court that a) said other man standing up in his face was a possible threat of violence and that b) he believed that said person was attempting to attck him. The bad choice(s) he makes in female partners has little to do with the facts of that situation. He entered a room calmly and calmly asked to speak to his X, her new man decided to confront him with a sudden action and he responded but didn't continue the attack. Had he continued the attack he'd have been guilty of battery since once knocked out the other guy was no longer a threat. He was just smart enough to say "He stood up to attack me & I head him."

[Rick]

Actually, it doesnt prove anything but one:

its all open to situational interpetation

[Ron]

Actually, it doesnt prove anything but one:

its all open to situational interpetation

That is true & one of the reason for this next post... I am not a lawyer but I have defended myself in court a few times and won on use of force issues. Mostly BS magastrate case but allow me to continue. You see there is in fact a deeply rooted common law assertion to self-defense and many liberals and conservations have done much to destory that. However, certain cases take note and have been upheld even to this day...

Allison v. US "Self-defense is for juries to evaluate, not judges to exclude..." Meaning it gives you the ability to claim self-defense and no LEO or Judge can exclude that claim or interpet the evidence overwise. You can always ask in detail what this evidense reflects and why. ;)

Wallace v. US "Prior threats by an attacker relavan to use of deadly force..." If someone has threatened you with severe bodily harm or death before and you do allot of use force based on that threat, and if they gave any indication that such a threat is still creditable...

Beard v. US "No duty to retreat when using deadly force." If you are in fear of severe bodily harm or death you have a right to use deadly force, you have no duty to retreat before doing so. Course that explains what happens when you are somewhere your supposed to be. If your the burglar and mess someone up well...

[Rick]

There is a line if someone is "physically meaning" to do body harm and "appearing" to do body harm.