I'd say most everyone has plenty of kitchen knives or other "weapons" just laying around their house -- how they ended up in their dead hands is beyond me...............
When is Deadly Force justified during a riot?
- Thread starter Bear44
- Start date
Alright I have remained quiet for some time on this because I was reading on my phone and wanted to see what some opinions were. I read through this thread and now want to chime in. For what it is worth the real measure of "reasonableness" in using deadly force is measured by three things.
Ability: Meaning that they are capable of inflicting great bodily injury or death.
Opportunity: Meaning that you or someone else is in harms way.
Jeopardy: Not the game show, but when they commit an act which will result in the death or great bodily injury.
All three of these need to be met for a shooting to be justified.
In a riot type situation these can all easily be met. But in the situation of having your car surrounded by rioters it is not met. The requirements for threatening to use force are a little bit looser but should still contain at least some small portion of the above three. At a minimum the threat of force should have one of the above.
In a riot there is definitely the ability (large numbers against you), and the opportunity (you are there dummy), but the jeopardy is the weak one. Until they are targeting you or the occupants of any vehicle, deadly force will not be justified.
There is case law on this, I do not have the reference available to me at this time but if someone really wants it then I can dig for it.
Ability: Meaning that they are capable of inflicting great bodily injury or death.
Opportunity: Meaning that you or someone else is in harms way.
Jeopardy: Not the game show, but when they commit an act which will result in the death or great bodily injury.
All three of these need to be met for a shooting to be justified.
In a riot type situation these can all easily be met. But in the situation of having your car surrounded by rioters it is not met. The requirements for threatening to use force are a little bit looser but should still contain at least some small portion of the above three. At a minimum the threat of force should have one of the above.
In a riot there is definitely the ability (large numbers against you), and the opportunity (you are there dummy), but the jeopardy is the weak one. Until they are targeting you or the occupants of any vehicle, deadly force will not be justified.
There is case law on this, I do not have the reference available to me at this time but if someone really wants it then I can dig for it.
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I vote stand your ground.. Stay inside a locked door, Soon as they enter or throw something inside, Im plinking that B@%&^$%. Its my house and I worked for it. I should not have to rebuild it due to someones Ignorance. What I worked and paid for is way more valuable than their life. A pack of Gum is worth more than a theifs life. As for collateral damage, I dont know who is shooting but I dont miss.. My target will fall..This is why we have these problems, There are too many laws protecting the stupid.. Its survival of the fittest. If you are dumb enough to dry your hair in the shower, YOU deserve to die. Thats why OHNO got elected, there are so many stupid people because the law protects them. Americans like us go to jail cause we have integrity, WE stand up for whats right, but no one else does. If I go to jail, Jesus was imprisoned for doing the right thing too.
No matter what choice you make, there will always be "the victims" legal proceedings that contradicts your argument of self defense. Be prepared to invest everything you've ever worked for to defend yourself again. I'd also like to think that in any scenario that I'm prepared to defend myself and family and not overthink the situation. Regardless ... this would only be the start of a defense for your survival. After that, it's left in the hands of a skilled attorney and hand picked jury to interpret if you really were in fear for your life. Good luck.
