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The Range
Law & Order
So your attacked by a mob and use deadly force, did you commit a murder?
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<blockquote data-quote="Ahall" data-source="post: 4170851" data-attributes="member: 49426"><p>The context of a school, church, or shopping center should be irrelevant to testing whether the threshold for use of deadly force as an act of self-defense was justified.</p><p></p><p>As I understand it, an assailant cannot claim self-defense, so who was the assailant? </p><p></p><p>At the start the video depicts two youth engaged in a physical confrontation. The individual on the right strikes the one on the left. The party struck flees into the gymnasium and is perused by a group, is knocked to the ground, and kicked by multiple people. While on the ground the party struck begins making stabbing motions at one of the parties kicking him and as soon as he can regain his footing flees again.</p><p></p><p>We don't know what happened prior to the first punch on video, but it appears that the individual on the right did not start the confrontation and had minimal flight paths prior to being punched. The information available does not indicated he was the aggressor or began the physical altercation.</p><p></p><p></p><p>Based on what was recorded, the kid who did the stabbing is the one who was assaulted. What we don't know is what transpired before the video began. It appears to be a cell phone video. That means someone became aware of the altercation and chose to film it. We don't know if the fight was premeditated, and the videographer was there as a knowing observer and caught the whole thing or if the heard a scuffle and began filming mid-way into it. </p><p></p><p></p><p>Regardless of how it began, my understanding is once the kid fled, his pursuers became the aggressors, because they chose to continue the confrontation. Its not much different than a storekeeper shooting a thief in the back as they run from the store. In most places self-defense does not allow a person to peruse. </p><p></p><p> Also, if the party stabbed was not part of the original scuffle, and rather one of the secondary assailants who joined in after the scuffle moved into the gym, they are unquestionable an assailant.</p><p></p><p>So regardless of how it began and where the kid with the knife was on spectrum of angel to devil, it appears he was the assaulted party and had a right to act in self-defense.</p><p></p><p></p><p>Multiple aggressors on a downed party, I would say the threshold for serious bodily harm had been met. </p><p></p><p></p><p>I think if the same basic scenario occurred in a casino parking lot to an elderly woman. and she came up with a handgun, no one would question the use of deadly force.</p></blockquote><p></p>
[QUOTE="Ahall, post: 4170851, member: 49426"] The context of a school, church, or shopping center should be irrelevant to testing whether the threshold for use of deadly force as an act of self-defense was justified. As I understand it, an assailant cannot claim self-defense, so who was the assailant? At the start the video depicts two youth engaged in a physical confrontation. The individual on the right strikes the one on the left. The party struck flees into the gymnasium and is perused by a group, is knocked to the ground, and kicked by multiple people. While on the ground the party struck begins making stabbing motions at one of the parties kicking him and as soon as he can regain his footing flees again. We don't know what happened prior to the first punch on video, but it appears that the individual on the right did not start the confrontation and had minimal flight paths prior to being punched. The information available does not indicated he was the aggressor or began the physical altercation. Based on what was recorded, the kid who did the stabbing is the one who was assaulted. What we don't know is what transpired before the video began. It appears to be a cell phone video. That means someone became aware of the altercation and chose to film it. We don't know if the fight was premeditated, and the videographer was there as a knowing observer and caught the whole thing or if the heard a scuffle and began filming mid-way into it. Regardless of how it began, my understanding is once the kid fled, his pursuers became the aggressors, because they chose to continue the confrontation. Its not much different than a storekeeper shooting a thief in the back as they run from the store. In most places self-defense does not allow a person to peruse. Also, if the party stabbed was not part of the original scuffle, and rather one of the secondary assailants who joined in after the scuffle moved into the gym, they are unquestionable an assailant. So regardless of how it began and where the kid with the knife was on spectrum of angel to devil, it appears he was the assaulted party and had a right to act in self-defense. Multiple aggressors on a downed party, I would say the threshold for serious bodily harm had been met. I think if the same basic scenario occurred in a casino parking lot to an elderly woman. and she came up with a handgun, no one would question the use of deadly force. [/QUOTE]
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