Legally, it doesn’t matter that both Mike Brown and Trayvon Martin were “unarmed” when shot to death.
Yes, it is better to be judged by twelve than carried by six, but it is even better to be neither.
Legally, it doesn’t matter that both Mike Brown and Trayvon Martin were “unarmed” when shot to death.
Yes, it is better to be judged by twelve than carried by six, but it is even better to be neither.
11 comments:
The fact that an assailant is unarmed does not have legal legitimacy in every case. The victim must be able to demonstrate that he/she was in fear of death or great bodily injury to themselves or another person and that the threat was IMMINENT. That is the legal standard.
This is what cops in CA are trained for in the Criminal Law portion of their police academy training. As a practical matter, each shooting/deadly force case is evaluated by the DA or County Prosecutor to determine if such a situation did happen in accordance with the parameters of the Penal Code sections covering Justifiable Homicide. The question will be: "under the law, were the victim's actions reasonable?" Every situation will be different. And, depending on the relationship between the DA and the local police unions, justice is sometimes skewed in favor of the police. The situation of the former Marine in Pima County, AZ comes to mind.
Holder and the rest of the 'O' administration know that the Brown and Martin incidents were both "clean shootings". That's why the 'civil rights' issue was tried in Martin and will be tried in Brown.
In Brown, the civil rights issue is pretty much negated by the video of the 'strong arm' robbery at the convenience store. So Holder is turning to attacking the Ferguson PD for alleged 'poor policy' issues.
When the left is wrong, they are still supposedly "right", no matter what they have to do to be "right". The ends justifies the means. Bastards!
When it's unloaded and you're waving it from your car at another driver?
It's called "Disparity of Force" according to Massad Ayoob. If your attacker is much bigger and/or stronger than you, if it's multiple opponents against a lone person, if the attacker is known to possess unarmed fighting skills sufficient to cause death or severe injury or if it's a case of younger against elderly, it means the attacker does not have to possess a physical weapon; their body and their actions ARE their weapon.
Respond accordingly.
Dakota,
From what I read elsewhere, there were no exit wounds in the back because he was not shot in a front-to-back trajectory. For instance the bullet that entered the right eye came out the lower jaw and then created a second entry wound in the shoulder. The wound pattern is consistent with the attacker being in a head-down charge when shot.
I'm a disabled vet . Also pushing 50 . I can no longer fight like I did when I was younger , and surely can not "run away" . Therefore , any act of violence initiated will have a response of me using my only means of protection .
I am NOT going to try to judge whether the individual accosting me has a black belt etc . In split second decision making , ANY attack has to be considered a possible lethal one .
+1 Dakota...
too young to die and too old to take a severe ass-whuppin'by a group of punks or a very large punk.
"The fact that an assailant is unarmed does not have legal legitimacy in every case. The victim must be able to demonstrate that he/she was in fear of death or great bodily injury to themselves or another person and that the threat was IMMINENT."
Dead people tell no tails. After killing someone in self defense, always carry a knife with you and cut yourself some then put the knife in the guy's hand. Or failing that, yes, you were in imminent danger and feared for your life.
Rules for this action.
1. "he said he was going to kill/rape me."
2. "I was in fear for my life."
3. "I want a lawyer."
4. The shut the fuck up. Cops get 24-48 HOURS after a shooting to deliver a statement, as should you.
I've seen too many stories about people being killed or severely injured by one punch. Either by the punch or hitting their head on pavement/concrete. I've seen too many stories of attackers putting the boots to the victim, once they're on the ground. Like some prior posters, I have certain health issues, and I'm not going to take a punch from anyone, if I can prevent it. If it takes using my sidearm to do so, so be it.
Most of us feeble old farts remember Colt's:
“Fear not any man,
No matter what his size.
When danger threatens, call on me,
And I will equalize!”
and are too cunning and wary to take a beating if it can be avoided by neutralizing the attacker.
Surely the very purpose of a CCW.
III
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