doc_strange (![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png)
doc_strange) wrote2006-05-27 10:10 am
doc_strange) wrote2006-05-27 10:10 am
Duty to meet with equal force?
Recently, the Arizona Sun ran a story about the pending trial of a man who shot and killed an alleged attacker. Give it a read - it's short and plaintext. I'll wait...
Done? Ok. As there were no witnesses, I can see how the prosecutors could want to test the facts before a jury. I have no argument actually with that - and there may be facts unrevealed to the press that contradict the defendant's story. For the sake of this discussion, let's set aside the "who is funding the defense" controversy (which I have to say, really is technically irrelevant in our system of justice - How are the defendant's actions changed by what organization subsequently steps up to fund the defense? A defendant should not be judged by who helps fund the defense; that if anything is utterly unjust.).
That aside, there are some peculiar statements in the article. Here, I think is the big one:
After several warnings for [alleged attacker] to stop, [defendant] shot [alleged attacker] three times in the chest at close range. [defendant] was not harmed, and [alleged attacker] did not have a weapon in his hands at the time he was killed. . . other options were available.
My comments in the... um, comments. Discuss.
Done? Ok. As there were no witnesses, I can see how the prosecutors could want to test the facts before a jury. I have no argument actually with that - and there may be facts unrevealed to the press that contradict the defendant's story. For the sake of this discussion, let's set aside the "who is funding the defense" controversy (which I have to say, really is technically irrelevant in our system of justice - How are the defendant's actions changed by what organization subsequently steps up to fund the defense? A defendant should not be judged by who helps fund the defense; that if anything is utterly unjust.).
That aside, there are some peculiar statements in the article. Here, I think is the big one:
After several warnings for [alleged attacker] to stop, [defendant] shot [alleged attacker] three times in the chest at close range. [defendant] was not harmed, and [alleged attacker] did not have a weapon in his hands at the time he was killed. . . other options were available.
My comments in the... um, comments. Discuss.
no subject
b) I've heard the argument that if you are going to use deadly force, you should not fire a warning shot or anything, and just go ahead and kill them. Otherwise you didn't really believe you were actually in immediate danger. (This is probably from Texas law.) Commentary on that? (Or perhaps it is just in the hopes that the person you shot dead can't sue you for hurting them and that any next of kin won't bother.)
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a) Yes, actually a number leading that way, with Castle Rock v. Gonzales the crowning Supreme Court decision. Logic says that of course the police can't always be there in time to help, but the case says that police don't even have an obligation to try. I guess it hammers home the self-defense angle, but it's not actually the root of the right to defend one's self.
b) That seems to state the standard for LEOs. My whole screed there was in regards to the peculiar assumption that a person can only use force equal to the attacker's force. If the only reasonable way a victim can stop someone from turning his face to jelly is deadly force, then it should be permissible. Again, why should an attacker get to determine the limits of the defender's response. It's not a matter of "fair sport pip pip wot wot!"
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no subject