home *** CD-ROM | disk | FTP | other *** search
- Path: sparky!uunet!ogicse!emory!gatech!darwin.sura.net!ra!mimsy!iastate.edu
- From: viking@iastate.edu (Dan Sorenson)
- Newsgroups: rec.guns
- Subject: Re: Bad tactical position ( was Psychology in Defense)
- Message-ID: <viking.721891549@vincent2.iastate.edu>
- Date: 16 Nov 92 16:45:46 GMT
- Article-I.D.: vincent2.viking.721891549
- Sender: magnum@mimsy.umd.edu
- Organization: Iowa State University, Ames IA
- Lines: 68
- Approved: gun-control@cs.umd.edu
-
- In <Bxrvs1.3AH@scylax.uucp> scylax!tiglath@uunet.UU.NET writes:
-
- #Waiting him out is not safe. He may be waiting for his mate or mates.
- #Or you may crack up under continuous stress. And the longer the
- #perp sees that you are not tough enough. The more he can think he
- #can rush you, and succeed!. Why should I take a chance. If he is
- #alone, ooops! I was wrong. If he isn't, ooops! I am dead. Can I be
- #expecte to take additonal risk, imagined or not, for his sake. More
- #scenarios...
-
- [ deleted for brevity ]
-
- #I know many of you will say BLAM. BLAM BLAM!. That is what the instinct
- #tells us. I personally feel that shooting is the safe way to go. But
- #in all these cases there is not (yet) lethal force being offered, as
- #the rule goes. Can these be exceptions to the rule? Is there
- #a way not to shoot without takuing additional risk.
- #I assume the good guy doesn't know how to control an unwilling body
- #forcibly like police do. Experts speak.
-
- I'm hardly an expert, but as I recall it is not necessary for
- lethal force to be offered. It is, rather, necessary for you to be in
- fear of your life or the lives of others. It's a vital difference, as
- this is what the DA will look at when he decides to prosecute or not.
-
- In my opinion, shooting somebody is the last resort, but is
- quite often the safest thing to do. If my life is in danger, or
- that of another I'm willing to protect, I see no reason not to fire,
- and it's the perceptions of a reasonable person in that situation
- that determine if I'm justified. In your examples given above, I see
- where a fear of your life exists from not firing. This is a legal
- swamp, but I suspect you would be justified in shooting in any of them.
-
- I also suspect that a perp, confronted, who makes no effort to
- submit to orders or leave the area, is still a threat and perhaps more
- of one as he's willing to place his life on the line for no apparent
- reason. Thus, he cares little for life, even his own, and quite likely
- has some friends waiting to help him.
-
- I remember a thing known as "Turkish Revenge." Basically, if
- you shot somebody below the waist it wasn't considered attempted murder
- but only assault with a deadly weapon. While I strongly discourage
- aiming for a knee or something like that, in these situations it might
- bear discussing whether a DA would consider it attempted murder or if
- it could be considered a method of stopping a perp and ending the threat.
- I assume you will need to prove that it was an intentional shot and not
- accidental, and the DA will try to smear you handily, but would it be an
- option that the jury would be sypathetic to? There is the real question.
-
- [MODERATOR: Let's underscore right away what said jury would
- hear, then you be the judge about sympathy: "So, Mr. Sorenson,
- you DECIDED to shoot my poor client in the kneecap, rendering
- unto him a permanently disabling wound with extensive pain and
- suffering. If you had time to decide this, then did you really
- feel you were under threat of immediate bodily harm? In fact,
- sir, your own action demonstrates that at that moment you did
- not feel that deadly force was warranted, contrary to what you
- claimed earlier. Which is it REALLY, Mr. Sorenson?" Let's not
- even speculate about the electronic-age nightmare of "Does this
- printout look familiar to you, Mr. Sorenson? Will you read aloud
- to the jury the part where you describe something called ``Turkish
- Revenge'' in which you describe how it might be desirable to wound
- someone just like you did to my client."]
-
- < Dan Sorenson, DoD #1066 z1dan@exnet.iastate.edu viking@iastate.edu >
- < ISU only censors what I read, not what I say. Don't blame them. >
- < "This isn't an answer, it's a pagan dance around a midnight fire >
- < written in intellectual runes." -- Rich Young >
-