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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.


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It's a good article
 
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