Saturday, May 20, 2017

You don't know what you think you know; and the difference can be important

Massad Ayoob  Blog Archive  THE VERDICT IN TULSA:

 Officer Shelby had observed erratic behavior from a large man who appeared to her to the under the influence of PCP. This would later be supported by evidence: Crutcher had PCP within his body, and a quantity of it in his car. After repeatedly ignoring lawful commands, he suddenly reached to the open window of his car, as if for a weapon. It was enough to cause the male officer present to fire his TASER at Crutcher, and enough to cause Shelby to fire the single pistol shot that killed him.
The difference between a trained LEO and a "Private Citizen" (no matter what your training) is big enough to take your breath away.


Officer Shelby had LEO training which would cause her to believe that a suspect under threat of address might respond in an extreme manner ... such as reaching for a firearm to resist arrest.

A person (not a suspect, if you're not an LEO) who is confronted by a 'citizen' pointing a firearm at him might legitimately reach for a gun; if you shoot him, you are a murderer.

Forget all that "Citizen Arrest" BS.   You, as a citizen have few rights beyond those afforded the person you may be accosting, for whatever reason.

Unless you are accosting an unknown & aggressive trespasser on your own property, and are not a LEO and have not identified yourself as such .. you are an aggressive felon, in the eyes of the court.

(Very little wriggle-room there, and circumstances are subject to the eye of the interpreter.)

As a private citizen, you not, with confidence that your actions will be acknowledged under"Castle Doctrine" guidelines shoot at someone who is not moving aggressively toward you, or not threatening you with a lethal weapon.  *

However, in most american counties ... if you're in your home and someone breaks in and threatens you ... most counties will assume that deadly offense if a legitimate defense if you can't tell that your assailant is NOT there with the intention of physical meyham.
*(Some local exceptions may apply; if you don't know them, don't expect them to justify your actions. Exceptions are rare, but MAY apply for your physical response using only fists and boots, or apply with a firearm only if you are a juvenile, female, old person, abused domestic partner of record, absolute stranger ... etc.)
I am not a Lawyer, nor do I play one on television.

But I am sufficiently well-read to realize that the concept of "Castle Doctrine" may not be completely legally agreed upon in all states, if at all.

If, under the circumstances, you are completely convince that a home intruder intends to do murder or "grievous bodily harm" (and who can read their mind?) you decide to defend yourself, your family, your home with aggressive lethal means ... you're probably much better protected from legal challenges in America than you might be in England .. which espouses the concept of Proportional Defense.

I know, I've said this all before.

I'll say it again.

You don't need to read it, if you already know everything.

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