Decision Time...What Would YOU Do...? - Page 2

General » General Discussion

Site Notices

[ARCHIVED THREAD] - Decision Time...What Would YOU Do...? (Page 2 of 2)

Posted: 6/15/2003 4:29:27 AM EDT

[#1]

Quoted:

Quoted:
I know Southern Justice would make you feel good. Unfortunately, the law would not agree. Since the man is fleeing, he DOES NOT impose an eminent threat to you, therefore, you cannot legally shoot him. Stay with your woman, if the wound is life threatening, at least you can console her and comfort while you dial 911. God forbid if she passes, at least you will be there for her. CCW creates a tremendous responsibility on your part. I was given a big reality bite on what a CCW gives you rights to do and not to do. But, I'd rather be packing and not need it than need it and not have it.

View Quote

Not entirely true. Some jursidictions recognize an "immediate aftermath" doctrine extending the use of force to the seconds after the threat is removed.

View Quote

Interesting,

Where can I find more information regarding these laws? Hey, I learn something new everyday....

View Quote

The case I am thinking of was in New York State. Under NY law, you are permitted to use deadly force to stop the commission of certain ennumerated felonies, robbery being one of them. In the case at question, the robber mugged a guy of his wallet withotu using a weapon. After the guy got the wallet, the victim pulled his unregistered gun and shot the perp (who lived). Although the guy was convicted on weapons charges, he was acquitted of robbery. Even though the robbery was technically complete when the perp got the wallet, the court found that the right to use deadly force extended to the immediate aftermath of the crime.

Posted: 6/15/2003 5:01:58 AM EDT

[#2]

Quoted:
Since the man is fleeing, he DOES NOT impose an eminent threat to you, therefore, you cannot legally shoot him.

View Quote

I disagree. The man is armed with a firearm and presents a continuing threat to you and anyone else he may choose to shoot. He has demonstrated he has a clear intention to do bodily harm and has no compunction about using his weapon. Nothing prevents him from shooting another innocnet civilian, or returning to shoot your wife again, or you. Fleeing or not, you are within your legal right to stop him from further endangering the community.

There may be a [i]limit[/i] to any pursuit, but if he is in the area you are certainly allowed to exercise self-defense.

Posted: 6/15/2003 5:16:17 AM EDT

[#3]

First of all no jury in America would convict you.

But I'd stay with the woman, even if she WAS dying, or perhaps I should say PARTICULARLY if she was dying.

Come back later, and burn down the whole damn neighborhood.

Posted: 6/15/2003 5:41:48 AM EDT

[#4]

Stay with wife.
But, must realize that perp or another potential perp may come by while taking care of wife.

Posted: 6/15/2003 6:23:30 AM EDT

[#5]

OK, the perp is running directly away from you toward the corner? Max distance is half a block right?

Am I the only one who shoots a Kimber? I'm doing BOTH!

[;D]

Posted: 6/15/2003 7:45:26 AM EDT

[#6]

Quoted:
"why it always gotta be a Black Man?"

View Quote

2 reasons.

1. Probable statistics.

2. I didn't feel like engaging in PC reverse racism and suggest something unlikely like a Chinese mugger. Not being a racists myself, I simply went with a "likely" scenario without thought to racial issues.

I'm sorry you see the world according ro race.

Posted: 6/15/2003 7:51:09 AM EDT

[#7]

Quoted:
I know Southern Justice would make you feel good. Unfortunately, the law would not agree. Since the man is fleeing, he DOES NOT impose an eminent threat to you, therefore, you cannot legally shoot him. I was given a big reality bite on what a CCW gives you rights to do and not to do. But, I'd rather be packing and not need it than need it and not have it.

View Quote

If a person makes the determination that the wife/gf is going to die and that this is his ONLY chance, do you really think he is going to give a shit anymore?

Kill my family and just watch how many of my values change on the spot.

Posted: 6/15/2003 9:52:56 PM EDT

[#8]

BTT.

If it was my ex-wife, I would have taken care of the BG.

If it was my kid, I would carry him while taking care of BG.

Mess with my kid's life, you are messing with yours. Mess with my ex's life, you get a beer. [:D]

Posted: 6/16/2003 1:29:31 AM EDT

[#9]

Quoted:

Quoted:
I know Southern Justice would make you feel good. Unfortunately, the law would not agree. Since the man is fleeing, he DOES NOT impose an eminent threat to you, therefore, you cannot legally shoot him. I was given a big reality bite on what a CCW gives you rights to do and not to do. But, I'd rather be packing and not need it than need it and not have it.

View Quote

If a person makes the determination that the wife/gf is going to die and that this is his ONLY chance, do you really think he is going to give a shit anymore?

Kill my family and just watch how many of my values change on the spot.

View Quote

....too bad the law is not as flexible. In the heat of the moment, heck yeah I would agree, too.......but then there are criminal and civil lawsuits to contend with. Then you may very well lose your CCW at the very least; and worse go to jail. Don't mean to play devils advocate but hell, I didn't make up these laws.

Phil_A_Steen (nice nick),
Do you have a specific case law e.g. State of NY vs. _______? I've been trying to find this. Has this set a precedent in criminal law.

Posted: 6/16/2003 7:18:30 AM EDT

[#10]

Quoted:

....too bad the law is not as flexible. In the heat of the moment, heck yeah I would agree, too.......but then there are criminal and civil lawsuits to contend with. Then you may very well lose your CCW at the very least; and worse go to jail. Don't mean to play devils advocate but hell, I didn't make up these laws.

View Quote

At that point do you think I'll really care?