User Panel
Posted: 4/4/2008 3:46:53 PM EDT
So I have a hypothetical situation but it was discussed by a few of my co-workers and none of us CCW holders had an answer that we thought was correct.
Scenario. You are in an office building with multiple rooms and two exits. In fact... I'll do a little MS paint action for ya.... http://img369.imageshack.us/img369/7856/53036561cn2.png You hear a scuffle in the office across the hall from you and what seems like a struggle and yelling. When you go to look out of your office you see a co-worker stabbed sitting at his desk and a man fleeing with a knife and blood on him (lets even assume that he is IN FACT the man who committed the crime, no CSI Miami needed here). In shock you stare as the assailant runs past you and to the front door down the hall. http://img155.imageshack.us/img155/948/82779319xd4.png You KNOW that this person has just committed what could amount to murder and he is getting away. He is NOT a threat to you since he is fleeing the scene. You draw your gun and fire into his back dropping the suspect at the door before he can escape. http://img233.imageshack.us/img233/751/57868102ii1.png Was your shooting justified? If you were a third party observer and the crime had already been committed and the assailant was fleeing the scene. Do you have the right to shoot him in the back? Or front, what ever. The point being that he posed NO threat to you at that point? Just curious as to answers from CCW guys as well as any LEo's Edit: yes I realize its "assault" I was in a hurry.... |
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Hope you like prison. |
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If he is in the act of trying to commit harm, then it's a free-fire zone. If he is fleeing with nobody between him and the exit that he could attack, then you should administer first aid and call for help. If he's charging toward another person, then it falls into a category where you could probably get away from firing, but that's a big "if", depending largely on whether you can articulate that you were firing to protect the person he was charging towards, and if the State's Attorney buys that.
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Your life is not in danger real or perceived when a man is running from the scene, especially with his back to you.
Don't shoot? Administer first aid and call 911. If the guy returns and is still holding the knife and is coming at you, send him to sleep w/the fishes. |
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Not justified in Texas. And why is shooting him or letting him leave the only two options? In Texas, you are justified to use deadly force when you reasonably believe it is IMMEDIATELY NECESSARY to protect against the use or attempted use of unlawful deadly force. Shooting in the back has nothing to do with it. And in your original scenario, how do you know that the person fleeing was not the victim who was attacked by the person in the office and managed to get the knife and defend himself, and is now running away in an injured panic? |
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Hmm. This is a good one! On one hand, the guy is fleeing the scene and is not an immediate threat to you. On the other hand, he's at least tried to kill one person today, why take a chance on letting him get away and murder someone else? Or come back and get you?
Having witnessed a felony, you should be justified in making a citizen's arrest. But can you use deadly force just to arrest someone? I would probably not shoot, unless he is heading for a crowded area or some children or something. If the door is to the outside, nah. |
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You will be going to jail (baring an awesome lawyer, dumbass DA and sympathetic jury). What the CCW person did was attempt to aprehend (or vengence or whatever). You were not in danger, it's murder. If said person turned and and moved in your direction OR the direction of another person then you have a justifiable shoot. |
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Someone running towards / past me with a knife in hand will get more than a blank stare from me. I would draw and try to move to cover as I attempt to engage the threat. If they are not yelling for help, then I can't risk letting them get any closer to me not knowing their intentions. |
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I am surprised by the responses to this post. I would have no problem engaging this suspect. Remember it is all how you perceive this attacker and your ability to articulate such perception in the aftermath. I process this person as being an immediate danger to society. How do you know that this guy is not going to run outside and stab and car jack someone to get away from the scene.
How is this any different than a guy that just stabbed a store clerk in a robbery and is about to exit the store? Please tell me you would engage such a suspect??? |
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I recommend you read Tennessee vs Garner (aka the fleeing felon rule), and also know that you have to establish jeopardy, opportunity, and ability. |
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In Florida you'd be going to prison. You have no legal authority/justification to use deadly force in your hypothetical situation.
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CT = jail time, while you can argue that other people might be in danger, statute says you reasonably belive a third party is about to use deadly physical force, you don't know there are victims past the door the felon i running for, no can you assume he will attack them since he did not attack you. You cannot use lethal force against him while in the hallway since he has posed no threat to you, is retreating, and is no longer threatening your co-worker.
If I were in that position I would try to tackle the suspect before they got to the door and if the knife came into play do what I had to. Failing the presence of mind to do that, I would make note of his appearance, render aid and call 911. |
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Are you 100% sure that this person just knifed someone (i.e. did you witness the act)?
Are you sure that this person is about to commit another felony/knife somebody else? can you convince the jury that your shooting was justified? |
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This is about the same here in OH. The only justification for deadly force is if you meet the three conditions - Reasonable belief your life our the life of another is in danger, you can't retreat, and the defendant can not be at fault. The last one is the hardest one to prove if you are involved with other folks, as per the law in Ohio, if you are the aggressor, you have lost your right to use deadly force. This includes escalating the confrontation by throwing the first punch, attacking or drawing your weapon. This ALSO applies to defence of others, if you defend or attack someone you have to be 100% certain they were not the aggressor. In your example, there is no way to know if the man was a delivery man who was attacked by the man in the office, managed to defend him self and is trying to flee. You would not be justified in shooting him for that reason, plus the fact that once he is running, even if he is the attacker, there is no longer a reasonable belief of danger. If you had shot that man, you would be a criminal, even if he was the attacker. The above is correct in OH since I basically copied it out of title 29 of the Ohio Revised Code. :) Mike Edit to add - We asked our CCW instructor questions like this, since he was a police officer, and he basically said you should call up a lawyer to interpret those kinds of situations. He didn't feel comfortable giving us legal advice. So with that being said, at least if you don't shoot you aren't going to jail.... |
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Agreed ... shooting a fleeing "suspect" is not your job as a citizen. "YOU" were not in iminent danger. Be a good witness and administer aid to the victim. |
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Concealed carry is for "self protection" from perceived fear of life...period. In this scenario, the shooters life is not in danger. Nor is anyone elses, at the immediate time. Shoot= jail.
In Florida, that's not even a question. |
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If you get between the "suspect" and the door, then you solve both problems. You can identify the person as hostile (if they actually attack you to escape) and you put yourself directly in harms way, making it clear to engage if you are attacked.
Me: Officer, I heard screaming and I ran out into the hall, out came a man from the room across the hall, with a knife, and blood on it. He ran straight towards me with a deadly weapon, and forced me to defend myself. |
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I don't think people are remembering what the original post is saying...... The suspect runs past you which means he is getting within a few feet of you. The original post also says that you know he is the suspect and that he still has the knife in hand. Someone tell me what the reactionary distance is for a man with a knife....... I know what it is from my training and there is not a hallway big enough in this world to create that "safe" distance. I guess that is the difference between an off duty LEO and citizen CCW responding/reacting to this situation.
As for some of the comments that you don't know for sure if he will hurt someone when he leaves, that is correct but he has already hurt a person. So the same argument can be said that you don't know that he won't hurt another person if he grows desperate to get away. I often run scenarios like this through my head when I am out and about. I think through my head how I would react and what I would do. This will hopefully give me the upper hand and cut down on my reaction time. |
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There is no problem at all if you draw your weapon and order that person to stop. If he keeps going, you'd be better off staying and tending to the wounded, than chasing him. You absolutely cannot shoot under the given circumstances.
Now, if the scenario changed, and he's entering a room full of potential victims after stabbing one guy already, you have a whole different set of circumstances. Whenever possible, you should command the suspect to stop while holding him at gunpoint. The reference to Tennessee v. Garner is spot on. You cannot just shoot a fleeing suspect, who is not an immediate threat to you or someone else. As the scenario is presented, this is a don't shoot situation. The op explained that the suspect ran past you to exit the building. Who is being threatened at that point? Be a good witness, and help your co-worker. Cheers, -E |
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These are all interesting answers guys... I appreciate it. I did how ever state that this IS in fact the person to commit the murder... so we will just assume since its hypothetical that he IS THE BAD GUY.
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Let's just assume you were looking down at your desk for a spit second while the real killer just ran out the door and subject #2 got in one good stab before he ran away and is now in persuit of subject #1?????? Your mind can play tricks on you. Before you snuff out a human life you need to be damn sure what is going on. Honestly, if this was in my own home and a family member had been assaulted, I'd probably shoot, but not in a work place, or restaurant, ect. Maybe it's an April fools gag You never know. Unless I'm face to face with the suspect and he sees my gun and has a chance to surender I'm not shooting. You can do whatever you want, but that's just what I'd do. |
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I would be as good a witness as possible and administer first aid.
OR, if others were already administering first aid I would follow after the attacker whilst calling 911 and hopefully keep the attacker in sight until he was apprehended. |
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Very good Sir. Saving a life should come first, not taking a life. Anyone who was to preoccupied with killing the fleeing attacker rather than helping the victom needs to think about their priorities. |
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........If you're trying to justify the use of deadly force in this situation all I can tell you is ........ you ----><----Bubba ............. in Prison. |
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'Fleeing Felon' is not in the cards for non-LEO, even here in the 'Gunshine State'. Now the truth is it would depend on the State's Attorney and Grand jJury but I sure as Hell would never bet the farm on getting turned loose. Me? I'd shoot his sorry ass, but I carry a retired LEO badge and even then I might catch some flack...so be it...the avterge guy? No way...
There is, however, nothing that says you cannot attempt to detain him...of course, if in the attempt he assaul;ts you with a weapon...a very 'gray' area but you might get away with it. |
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Yea I hadn't thought about that with Tennessee vs Garner. But you still have to establish jeopardy, opportunity, and ability though. |
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Like you said, "RUNS PAST", IE, he has passed by you without attacking you. Now, if he had run towards you and you could not retreat, and you fired BEFORE he got past you, you'd be ok. The minute has passed by you wwithout stopping the slit yer gizzard, you lost the right to use deadly force. |
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Are there people outside the building?? I am sure. You can use deadly force to protect you or others. The blanket statement LE uses would be the same one any citizen could use. This potential murderer fleeing into an area where other people are would easily justify a deadly force case. Now, if the front door led into a 50 acre vacant lot where noone is around.... then we have a different scenario. |
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ABSOLUTELY WRONG You as a civilian can not shoot someone who is fleeing based on an ASSUMPTION that he/she will pose a danger to others. |
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Assumption??
Are you saying the heinous act is not evidence of a violent altercation and the person's potential to commit violence? That is more than an assumption... that is called evidence. |
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Any state that I'm aware of doesn't just require evidence of potential to commit violence, but actual immediate physical threat. An armed person fleeing a building is pretty damn iffy of immediate threat, while the same person fleeing toward an occupied vehicle with obvious intent to commit carjacking could easily be identified as an immediate threat. |
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talked to a cop this weekend at an AR shoot and he told me to shoot him down like a dog. "you already saw him commit one murder, he is a danger to society".
Just one guys opinion I guess. |
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Having more than a few years as a LEO all I can say is either you talked to an Idiot or you need this |
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Well thanks for the infohink
He is retired after 35 years as a sheriff. |
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He going to pitch in for your defense fund? You need to learn your States use of force laws before you waste 20 years of your life wishing you hadn't listened to a retired idiot. Here's some lite reading for you. www.paperadvantage.org/ORS/161.html 161.190 Justification as a defense. In any prosecution for an offense, justification, as defined in ORS 161.195 to 161.275, is a defense. [1971 c.743 §18] 161.195 "Justification" described. (1) Unless inconsistent with other provisions of chapter 743, Oregon Laws 1971, defining justifiable use of physical force, or with some other provision of law, conduct which would otherwise constitute an offense is justifiable and not criminal when it is required or authorized by law or by a judicial decree or is performed by a public servant in the reasonable exercise of official powers, duties or functions. (2) As used in subsection (1) of this section, "laws and judicial decrees" include but are not limited to: (a) Laws defining duties and functions of public servants; (b) Laws defining duties of private citizens to assist public servants in the performance of certain of their functions; (c) Laws governing the execution of legal process; (d) Laws governing the military services and conduct of war; and (e) Judgments and orders of courts. [1971 c.743 §19] Note: See note under 161.015. 161.200 Choice of evils. (1) Unless inconsistent with other provisions of chapter 743, Oregon Laws 1971, defining justifiable use of physical force, or with some other provision of law, conduct which would otherwise constitute an offense is justifiable and not criminal when: (a) That conduct is necessary as an emergency measure to avoid an imminent public or private injury; and (b) The threatened injury is of such gravity that, according to ordinary standards of intelligence and morality, the desirability and urgency of avoiding the injury clearly outweigh the desirability of avoiding the injury sought to be prevented by the statute defining the offense in issue. (2) The necessity and justifiability of conduct under subsection (1) of this section shall not rest upon considerations pertaining only to the morality and advisability of the statute, either in its general application or with respect to its application to a particular class of cases arising thereunder. [1971 c.743 §20] Note: See note under 161.015. 161.205 Use of physical force generally. The use of physical force upon another person that would otherwise constitute an offense is justifiable and not criminal under any of the following circumstances: (1) A parent, guardian or other person entrusted with the care and supervision of a minor or an incompetent person may use reasonable physical force upon such minor or incompetent person when and to the extent the person reasonably believes it necessary to maintain discipline or to promote the welfare of the minor or incompetent person. A teacher may use reasonable physical force upon a student when and to the extent the teacher reasonably believes it necessary to maintain order in the school or classroom or at a school activity or event, whether or not it is held on school property. (2) An authorized official of a jail, prison or correctional facility may use physical force when and to the extent that the official reasonably believes it necessary to maintain order and discipline or as is authorized by law. (3) A person responsible for the maintenance of order in a common carrier of passengers, or a person acting under the direction of the person, may use physical force when and to the extent that the person reasonably believes it necessary to maintain order, but the person may use deadly physical force only when the person reasonably believes it necessary to prevent death or serious physical injury. (4) A person acting under a reasonable belief that another person is about to commit suicide or to inflict serious physical self-injury may use physical force upon that person to the extent that the person reasonably believes it necessary to thwart the result. (5) A person may use physical force upon another person in self-defense or in defending a third person, in defending property, in making an arrest or in preventing an escape, as hereafter prescribed in chapter 743, Oregon Laws 1971. [1971 c.743 §21; 1981 c.246 §1] Note: See note under 161.015. 161.209 Use of physical force in defense of a person. Except as provided in ORS 161.215 and 161.219, a person is justified in using physical force upon another person for self-defense or to defend a third person from what the person reasonably believes to be the use or imminent use of unlawful physical force, and the person may use a degree of force which the person reasonably believes to be necessary for the purpose. [1971 c.743 §22] 161.210 [Repealed by 1971 c.743 §432] 161.215 Limitations on use of physical force in defense of a person. Notwithstanding ORS 161.209, a person is not justified in using physical force upon another person if: (1) With intent to cause physical injury or death to another person, the person provokes the use of unlawful physical force by that person; or (2) The person is the initial aggressor, except that the use of physical force upon another person under such circumstances is justifiable if the person withdraws from the encounter and effectively communicates to the other person the intent to do so, but the latter nevertheless continues or threatens to continue the use of unlawful physical force; or (3) The physical force involved is the product of a combat by agreement not specifically authorized by law. [1971 c.743 §24] 161.219 Limitations on use of deadly physical force in defense of a person. Notwithstanding the provisions of ORS 161.209, a person is not justified in using deadly physical force upon another person unless the person reasonably believes that the other person is: (1) Committing or attempting to commit a felony involving the use or threatened imminent use of physical force against a person; or (2) Committing or attempting to commit a burglary in a dwelling; or (3) Using or about to use unlawful deadly physical force against a person. [1971 c.743 §23] 161.220 [Repealed by 1971 c.743 §432] 161.225 Use of physical force in defense of premises. (1) A person in lawful possession or control of premises is justified in using physical force upon another person when and to the extent that the person reasonably believes it necessary to prevent or terminate what the person reasonably believes to be the commission or attempted commission of a criminal trespass by the other person in or upon the premises. (2) A person may use deadly physical force under the circumstances set forth in subsection (1) of this section only: (a) In defense of a person as provided in ORS 161.219; or (b) When the person reasonably believes it necessary to prevent the commission of arson or a felony by force and violence by the trespasser. (3) As used in subsection (1) and subsection (2)(a) of this section, "premises" includes any building as defined in ORS 164.205 and any real property. As used in subsection (2)(b) of this section, "premises" includes any building. [1971 c.743 §25] 161.229 Use of physical force in defense of property. A person is justified in using physical force, other than deadly physical force, upon another person when and to the extent that the person reasonably believes it to be necessary to prevent or terminate the commission or attempted commission by the other person of theft or criminal mischief of property. [1971 c.743 §26] 161.230 [Repealed by 1971 c.743 §432] 161.235 Use of physical force in making an arrest or in preventing an escape. Except as provided in ORS 161.239, a peace officer is justified in using physical force upon another person only when and to the extent that the peace officer reasonably believes it necessary: (1) To make an arrest or to prevent the escape from custody of an arrested person unless the peace officer knows that the arrest is unlawful; or (2) For self-defense or to defend a third person from what the peace officer reasonably believes to be the use or imminent use of physical force while making or attempting to make an arrest or while preventing or attempting to prevent an escape. [1971 c.743 §27] 161.239 Use of deadly physical force in making an arrest or in preventing an escape. (1) Notwithstanding the provisions of ORS 161.235, a peace officer may use deadly physical force only when the peace officer reasonably believes that: (a) The crime committed by the person was a felony or an attempt to commit a felony involving the use or threatened imminent use of physical force against a person; or (b) The crime committed by the person was kidnapping, arson, escape in the first degree, burglary in the first degree or any attempt to commit such a crime; or (c) Regardless of the particular offense which is the subject of the arrest or attempted escape, the use of deadly physical force is necessary to defend the peace officer or another person from the use or threatened imminent use of deadly physical force; or (d) The crime committed by the person was a felony or an attempt to commit a felony and under the totality of the circumstances existing at the time and place, the use of such force is necessary; or (e) The officer’s life or personal safety is endangered in the particular circumstances involved. (2) Nothing in subsection (1) of this section constitutes justification for reckless or criminally negligent conduct by a peace officer amounting to an offense against or with respect to innocent persons whom the peace officer is not seeking to arrest or retain in custody. [1971 c.743 §28] 161.240 [Repealed by 1971 c.743 §432] 161.245 "Reasonable belief" described; status of unlawful arrest. (1) For the purposes of ORS 161.235 and 161.239, a reasonable belief that a person has committed an offense means a reasonable belief in facts or circumstances which if true would in law constitute an offense. If the believed facts or circumstances would not in law constitute an offense, an erroneous though not unreasonable belief that the law is otherwise does not render justifiable the use of force to make an arrest or to prevent an escape from custody. (2) A peace officer who is making an arrest is justified in using the physical force prescribed in ORS 161.235 and 161.239 unless the arrest is unlawful and is known by the officer to be unlawful. [1971 c.743 §29] 161.249 Use of physical force by private person assisting an arrest. (1) Except as provided in subsection (2) of this section, a person who has been directed by a peace officer to assist the peace officer to make an arrest or to prevent an escape from custody is justified in using physical force when and to the extent that the person reasonably believes that force to be necessary to carry out the peace officer’s direction. (2) A person who has been directed to assist a peace officer under circumstances specified in subsection (1) of this section may use deadly physical force to make an arrest or to prevent an escape only when: (a) The person reasonably believes that force to be necessary for self-defense or to defend a third person from what the person reasonably believes to be the use or imminent use of deadly physical force; or (b) The person is directed or authorized by the peace officer to use deadly physical force unless the person knows that the peace officer is not authorized to use deadly physical force under the circumstances. [1971 c.743 §30] 161.250 [Repealed by 1971 c.743 §432] 161.255 Use of physical force by private person making citizen’s arrest. (1) Except as provided in subsection (2) of this section, a private person acting on the person’s own account is justified in using physical force upon another person when and to the extent that the person reasonably believes it necessary to make an arrest or to prevent the escape from custody of an arrested person whom the person has arrested under ORS 133.225. (2) A private person acting under the circumstances prescribed in subsection (1) of this section is justified in using deadly physical force only when the person reasonably believes it necessary for self-defense or to defend a third person from what the person reasonably believes to be the use or imminent use of deadly physical force. [1971 c.743 §31; 1973 c.836 §339] |
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So him stabbing and killing someone then running doesn't show a threat to others? I'm a little confused. So if I were to see the actual physical stabbing... I could shoot him, yet if he is all done, and leaving, I have to let him?
I'll be sure to pass on that he is an idiot for ya. |
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I didn't write those OR Statutes, I'm just pointing out that they say what they say. If you don't agree with my interpretation of them you do what you think you have to do, after all you'll be the one paying the check. And please do tell Deputy idiot, after all he should know what he's talking about before giving out BAD advice. |
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Tennessee vs Garner has almost nothing to do with this scenario.
That was an unarmed suspect, that was fleeing from a burglury.
And that last part seems to be mostly for LEOs following their state/county/city laws. I don't think I'd want to be the one testing it out as a private citizen. Especially if the local laws said differently. IF local law said it was ok for a private citizen to use reasonable and necessary force that was close to what would be protected by this decision I might consider risking it. |
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bottom line is he murdered someone and how would I feel if he got away and killed someone else. And I had the means to end it right there.
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Do you mean "How would you feel" as a free citizen who followed the law or "How would you feel" as a convicted Felon doing time for ignoring the law? ETA: Don't get me wrong, I'm not saying I like or agree with the law. However it is the Law, my primary responsibility is to my Family and myself. Not to the sheep that think Killing is always a bad thing. |
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I got to thinking about this thread more while I was driving yesterday. How do you know ALL the details of the murder?
Maybe the guy who just got whacked in the room accross from you had violently raped the killers 10YO girl? How would you feel if you shot the guy in the back only to find out that was why he killed the other guy? Sure, it was still murder, but we all could have simpathy for him. I guess we all conjure up images of some gang banger type wearing gang clothing or something in your scenario, but in real life we don't know what it would be. |
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K again kiddies.... its hypothetical..... and I said (for the purpose of this exercise) that we would just assume that the running knife-man was in fact the killer.... for what ever reason he just committed murder.... so we assume he is bad. I'll even say it was hitlers long lost son. Doesn't change the situation....
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put in for that other guys position, fast. he's got a much better office.
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Considering the suspect had intent to enter the building and likely committed a burgalry, he would be covered under-
161.219 Limitations on use of deadly physical force in defense of a person. Notwithstanding the provisions of ORS 161.209, a person is not justified in using deadly physical force upon another person unless the person reasonably believes that the other person is: (1) Committing or attempting to commit a felony involving the use or threatened imminent use of physical force against a person; or (2) Committing or attempting to commit a burglary in a dwelling; or (3) Using or about to use unlawful deadly physical force against a person. Unfortunately, the laws lack case notes.... since that is where the law is defined. |
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At a minimum, you will be charged with unjustifiable manslaughter (if he dies). Neither you nor anyone else on the scene were in immediate danger. You lose.
The only thing that could possibly change the situation is if he ran outside, you pursued him, and THEN, you saw him attack another person with his knife. THEN you would be justified in shooting him. Note, though, that by pursuing him, you are putting yourself in danger. By doing so you lessen your own chances of winning a court battle if you shoot him in self-defense. It is very possible that the police CAN shoot a running bad guy under these circumstances. Police have a duty to keep him from escaping, where you do not. Even then, the case will be very carefully scrutinized. |
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Check YOUR state law regarding this issue. In FL it would be a bad shoot unless you are LEO, in which case it might be good. But our state laws do you no good. Like the guy in TX who shot the burglars exiting his neighbor's house. Most people thought it was a clear bad shoot but were unfamiliar with TX law.
Now, as for what to do. You can follow and be a good witness. If he confronts you while you pursue you may then be in a justified use of force. Or you can shoot and pray for a sympathetic jury. |
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If you know for a fact (not asume) that he did stab your coworker, you can do whatever is necessary to stop him from getting away. You can believe that he will again harm the next person he comes in contact with. In PA, if you witnessed the harm or deadly force used on someone, you can stop that person from fleeing. I would not want to have to go through the circus that this would bring down on you, but according to the law, you would be right to shoot the attacker.
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How about banishing a gun if some one is committing a felony? Can u pull it if some one is being rapped, car jacked, or being mugged,I really not looking to kill any one,or be a Rambo,I think if I took a life it would bother me,I just dont want to sit back and let evil take over, I dont think i could just sit back and let something bad happen to some one knowing that i could stop it.
I was at a light in nj when a car next to me was geting car jacked,in nj you cant carry. they had a gun,and i could do nothing. but call the cops, thank god now i am in FL |
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