Nothing like limiting self defense to near impossible responses. This is complete legal gymnastics and outight bullshit. The whole idea of deadly force is meant to be a deterrent to attack. So, according to the proportionality rule, a woman can be raped without using deadly force as a defense. The problem with this is that the woman is physically contaminated by the cell/DNA of the attacker through microchimerism. She has been defiled for life. It is not an interpretative issue. Her body is subject to cells/DNA affecting her immune system physically and psychologically.
Someone punching me is most definitely a cause to use deadly force. Depending on where, how many, and how hard they punch, that could close MY window of opportunity to even defend myself. That shits gotta go, and so do every one of those "duty to retreat" states. Wtf kind of law is that?
Thats what it is in Canada we are not allowed to kill anyone attacking us unless we are almost dead.
Funny thing when the situation comes up not many people are going to go through all these points to assess the situation are they? They are going to get out of the situation anyway they can and there is sure as hell no time to assess anything.
I would ask the DA. and jury, 'how many times will You allow a thug to stab or shoot You, before you decide it is OK to defend yourself'? I am not obligated to allow a thug to harm me before i 'respond'.
If your attacker is punching you, you cant use deadly force. The attacker has to put you in grave danger such as the threat of death or serious bodily injury in order for you to use deadly force.
In an aggressive confrontation, If someone gets close enough to punch me without me having taken some action, I have done something wrong.
If you find yourself in a confrontation with someone, the first thing to do if possible is back away, create space, and yell out something like, stay back I feel threatened. Make it so other people witness that you are not the aggressor, and that you tried to remove yourself from the confrontation. Never make a threat, never posture aggressively. Even at the cost of pride, if you can leave the environment, then leave. And remember what Dalton said in Roadhouse, "be polite". You never win a fight you could have avoided.
Space creates options, and it give you time to access the threat, and your strength vs aggressors. Study your backstop. If you determine you have to fight, never let anyone get close enough to hit you, without hitting them first. And don't say a word. What goes into the flower, does not go into the fruit. This advice was given to as teen, and has served me well on more than one occasion.
I've already determined at this point that I'm not going to be punched on. If you come at me in a sufficiently threatening aggressive manner, if I have done everything right, I'm going to have my hand on my gun, or gun out in a low ready position with plenty of space to warn you that I feel threatened, and not to come closer. You are now in control of my decision not me. If you keep coming eventually, at some point before you get close enough to neutralize my weapon, if I am unable to walk away, which under Florida law I am under to obligation to do, I am going to shoot your ass, but that choice was yours, and not mine.
Florida law has a low threshold for use of deadly force, but use of deadly force is a serious matter, and I'm not talking about the law. I know that if I kill someone, justified, or not, I am going to have to live with it for the rest of my life, and I am going to have to answer to God for that life I took. I pray that I never have to make that decision to save my life or the life of another.
Nothing like limiting self defense to near impossible responses. This is complete legal gymnastics and outight bullshit. The whole idea of deadly force is meant to be a deterrent to attack. So, according to the proportionality rule, a woman can be raped without using deadly force as a defense. The problem with this is that the woman is physically contaminated by the cell/DNA of the attacker through microchimerism. She has been defiled for life. It is not an interpretative issue. Her body is subject to cells/DNA affecting her immune system physically and psychologically.
Yea, and how do I know that punch that this guy says I am not allowed to use deadly force is going to cause me serious bodily harm.
See my other comment here,
Someone punching me is most definitely a cause to use deadly force. Depending on where, how many, and how hard they punch, that could close MY window of opportunity to even defend myself. That shits gotta go, and so do every one of those "duty to retreat" states. Wtf kind of law is that?
What if you get shot in the back while retreating?...
Yep, showing your back to an assailant is not a good move. On top of that, what precedent does this set?? Run from evil and don't confront it
Thats what it is in Canada we are not allowed to kill anyone attacking us unless we are almost dead.
Funny thing when the situation comes up not many people are going to go through all these points to assess the situation are they? They are going to get out of the situation anyway they can and there is sure as hell no time to assess anything.
I would ask the DA. and jury, 'how many times will You allow a thug to stab or shoot You, before you decide it is OK to defend yourself'? I am not obligated to allow a thug to harm me before i 'respond'.
Proportionality
If your attacker is punching you, you cant use deadly force. The attacker has to put you in grave danger such as the threat of death or serious bodily injury in order for you to use deadly force.
In an aggressive confrontation, If someone gets close enough to punch me without me having taken some action, I have done something wrong.
If you find yourself in a confrontation with someone, the first thing to do if possible is back away, create space, and yell out something like, stay back I feel threatened. Make it so other people witness that you are not the aggressor, and that you tried to remove yourself from the confrontation. Never make a threat, never posture aggressively. Even at the cost of pride, if you can leave the environment, then leave. And remember what Dalton said in Roadhouse, "be polite". You never win a fight you could have avoided.
Space creates options, and it give you time to access the threat, and your strength vs aggressors. Study your backstop. If you determine you have to fight, never let anyone get close enough to hit you, without hitting them first. And don't say a word. What goes into the flower, does not go into the fruit. This advice was given to as teen, and has served me well on more than one occasion.
I've already determined at this point that I'm not going to be punched on. If you come at me in a sufficiently threatening aggressive manner, if I have done everything right, I'm going to have my hand on my gun, or gun out in a low ready position with plenty of space to warn you that I feel threatened, and not to come closer. You are now in control of my decision not me. If you keep coming eventually, at some point before you get close enough to neutralize my weapon, if I am unable to walk away, which under Florida law I am under to obligation to do, I am going to shoot your ass, but that choice was yours, and not mine.
Florida law has a low threshold for use of deadly force, but use of deadly force is a serious matter, and I'm not talking about the law. I know that if I kill someone, justified, or not, I am going to have to live with it for the rest of my life, and I am going to have to answer to God for that life I took. I pray that I never have to make that decision to save my life or the life of another.