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re: Get ready for shite to go down with Trader Joe shooting.
Posted on 8/23/20 at 3:30 pm to Loup
Posted on 8/23/20 at 3:30 pm to Loup
quote:
If you shoot a kid with a wiffle ball bat because you feel threatened, the jury would determine if a reasonable person would consider a child wielding a wiffle ball bat to be capable of great bodily harm.
Right. It doesn’t matter how scared/threatened you felt; it matters whether or not you should have felt scared/threatened.
You your actual fear/threat assessment of a kid with a whiffle ball bat is immaterial.
2
Posted on 8/23/20 at 3:51 pm to Cold Drink
It’s a combo subjective / objective standard.
1) were you personally in fear of your life, the life of another or of either of you receiving heat bodily harm; and
2) Would the reasonable person have the same fear under the same circumstances.
The wiffle ball bat gets a “no” on the second part, and as a result it’s not a legitimate defense to the use of force.
1) were you personally in fear of your life, the life of another or of either of you receiving heat bodily harm; and
2) Would the reasonable person have the same fear under the same circumstances.
The wiffle ball bat gets a “no” on the second part, and as a result it’s not a legitimate defense to the use of force.
Posted on 8/23/20 at 4:35 pm to Cold Drink
quote:
your actual fear/threat assessment of a kid with a whiffle ball bat is immaterial.
What if its being brandished by Jason Bourne?
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