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Escalation Of Force And Self-Defense

Talyn

Emissary
Founding Member

A discussion on escalation of force and reasonable-use force when it comes to self-defense.

Across the nation, the right to use force in self-defense is tempered by the necessity to only use the degree of force a reasonable and prudent person would use under the circumstances. Each use of force will be analyzed by the reasonable man doctrine.

What would a reasonable and prudent person have done under the same circumstances? And was the force used reasonable under the circumstances? That said, you don’t get to decide what’s reasonable—that’s the role of the jury.


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That is something that concerns me in a big way, especially now that I am older with physical limitations. If I don’t use the right amount of force at my age I probably won’t have the ability I had when I was younger to readjust to the situation. On top of that, at 70, even being convicted of a lesser charge in a self defense situation is a life sentence for me. I have a dangerously high bar at the point that I will use a gun to defend myself from a moral and legal standard, I hope it doesn’t get me killed someday. I had to use a gun to defend myself from a pit bull attack years ago and couldn’t believe how that rattled me, I can’t imagine how bad it would be if I had to defend myself from a person. I was fortunate my event happened in my yard with multiple cameras recording, I immediately sent the videos to my lawyer for approval to make a police report.
Bad as it is, it is only right to have a process to review any use of force, especially deadly use of force. The system is flawed for sure, but it’s the best we can come up with so far. I’m just glad we have a legal right to defend ourselves and the legal right to carry guns to do it.
 
Use of force cases are decided using the reasonable man standard. Would a reasonable man believe the force was reasonable and necessary? The laws and their interpretation vary from state to state and you have to know the law where you are. The tricky part is, individual views of what is reasonable and necessary vary greatly. Thank goodness in Florida the law is pretty clear and immunity from prosecution and civil suit protects you if the use of force is within the law.
 

A discussion on escalation of force and reasonable-use force when it comes to self-defense.

Across the nation, the right to use force in self-defense is tempered by the necessity to only use the degree of force a reasonable and prudent person would use under the circumstances. Each use of force will be analyzed by the reasonable man doctrine.

What would a reasonable and prudent person have done under the same circumstances? And was the force used reasonable under the circumstances? That said, you don’t get to decide what’s reasonable—that’s the role of the jury.


View attachment 104792
It's a good article
 
Hi,

What's the old saying?

"At my age, a life sentence is not the deterrent it once was."

Since the jury isn't there, on scene, to make the "reasonable man" decision, all they can do is affirm or disagree with your "reasonable" decision at that moment. Is hindsight always 20/20? I agree with Mr. @1canvas, the system isn't perfect, but it's the best available. Let's be careful out there.


Thank you for your indulgence,

BassCliff
 
This is the same thing I say every time this discussion comes up.

I worked as a security guard for 15 years.

I've had people dare me to shoot them.

I've had people try to take my gun.

I've had people threaten to take my gun.

I've had people question my qualifications to carry a gun.

I've had people say that my gun wasn't real or wasn't loaded.

What I've Never had was somebody continue to be aggressive after I pulled out my OC and started shaking it up.

I've never had to escalate beyond OC.

I really believe that people don't really believe you'll shoot them but they absolutely believe you'll spray them.
 
This is the same thing I say every time this discussion comes up.

I worked as a security guard for 15 years.

I've had people dare me to shoot them.

I've had people try to take my gun.

I've had people threaten to take my gun.

I've had people question my qualifications to carry a gun.

I've had people say that my gun wasn't real or wasn't loaded.

What I've Never had was somebody continue to be aggressive after I pulled out my OC and started shaking it up.

I've never had to escalate beyond OC.

I really believe that people don't really believe you'll shoot them but they absolutely believe you'll spray them.
That’s why I never go anywhere without pepper spray. But pepper spray has little benefit with an armed attack.
 
Seems I was taught to hit harder to end the fight, otherwise it's just a bitchfight, I'd rather not go 10 rounds.

Last time I was attack was by 3 punks in France, I was 26 in the Army, unarmed except for my belt and an ink pen, they lost, one guy lost his knife, one left by ambulance. Now, one real attack in 75 years, odds are, it won't happen again. I work out daily but I'm not close to what I use to be, which is why I started carrying.

Hopefully, I'll never need it, sometimes I ask myself if I'm getting paranoid as I get older????

Then, in SW Missouri (Springfield, Greene County) 2 LEOs were lost yesterday afternoon and another wounded, a bad guy shot them from a traffic stop and the manhunt was on, within a couple hours the bad guy was down and gone.

Things really are getting worse......
 
Good a$$whoopin', but meh, it was only a plastic trash can! He'll be ridiculed by his cellmates for being a sissy. You can get your message across better with a metal trash can, or even better one of those masonry ones....😉

Some people just go around begging for somebody to beat the crap out of them. Glad this idiot was charged. Then he flooded his cell. No manners at all.
 
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