To: | <limprod@comcast.net>, <datsun-roadsters@autox.team.net> |
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Subject: | Re: The key question is... |
From: | "datsunmike" <datsunmike@nyc.rr.com> |
Date: | Wed, 14 Jan 2004 08:15:55 -0500 |
In almost every state of the nation there is a duty to withdraw contact from a perpetrator unless of course the perp has a gun or other defined dangerous instrument/weapon or you feel your life is in immediate danger. If you can prove you can't withdraw and that your life or someone else's life is in immediate danger then you can use whatever force is necessary to end the confrontation including killing the perp. It's the affirmative defense of self protection. There have been many Supreme Court rulings on this matter and the law is settled. What the question is when put to the jury, could the defendant withdraw from the contact and end the confrontation? did the defendant really think his life was in immediate danger? What would a 'normal' man do in his circumstance? I guess in TX the jury believed the guy was justified to use deadly force. I remember that case. Mike |
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