ext_137338 ([identity profile] docstrange.livejournal.com) wrote in [personal profile] doc_strange 2006-05-28 04:08 am (UTC)

Ah. Yeah, I think the issue is that the standard for the ordinary citizen is a "reasonable" sense of immediate threat of bodily harm. When the guy is yelling and gesticulating, not reasonable. When he's rushing you to tackle, it could be reasonable depending on circumstances. I think the effort to make citizens meet the immediate threat of unknowable levels of bodily harm with only as much force as the attacker seems to be using is just unreasonable. Of course there must be a line, and that line is generally said to be the immediate threat of injury or death.

LEOs in some respects are held to lower standards during the arrest of a suspected felon who violently resists, but the officer still must reasonably believe that if the person escapes, they will represent a threat to others or the officer, and force must be the only reasonable option at the time.

Post a comment in response:

This account has disabled anonymous posting.
(will be screened if not validated)
If you don't have an account you can create one now.
HTML doesn't work in the subject.
More info about formatting