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re: Police in Wash. Shoot Man Running From them with a rock in his hands.

Posted on 2/12/15 at 4:01 pm to
Posted by RedPants
GA
Member since Jan 2013
5419 posts
Posted on 2/12/15 at 4:01 pm to
quote:

Uh yeah. If someone's well being is at stake, what else matters?


You really don't see the danger in leaving up to individual interpretation?

"He punched me in the stomach then stood over me, so I shot him! I felt threatened! Granted I slapped his wife's arse first, but whatever...."
Posted by Henry Jones Jr
Member since Jun 2011
68584 posts
Posted on 2/12/15 at 4:05 pm to
quote:

"He punched me in the stomach then stood over me, so I shot him! I felt threatened! Granted I slapped his wife's arse first, but whatever...."

Walk down an alley, someone punches you in the face and starts kicking you. What do you do? Yell and hope someone hears you? Or do you get out a gun if you have one and shoot your attacker? Oh no that would be too much according to you.

Don't punch someone if you don't want to deal with the repercussions. Some might feel their life is threatened. Who are you to say that they didn't feel their life was in danger if someone randomly comes up and assaults them?
Posted by Alahunter
Member since Jan 2008
90739 posts
Posted on 2/12/15 at 4:05 pm to
quote:

You really don't see the danger in leaving up to individual interpretation?


That's all one has in any situation. It's why common sense and logic has to come into play. Because laws are in place and oversight is used to determine each incident as being justified or not.
Posted by reedus23
St. Louis
Member since Sep 2011
25485 posts
Posted on 2/12/15 at 8:40 pm to
quote:

You really don't see the danger in leaving up to individual interpretation?

"He punched me in the stomach then stood over me, so I shot him! I felt threatened! Granted I slapped his wife's arse first, but whatever...."


I think most laws include a reasonableness requirement, that those feelings or beliefs of being threatened be reasonable. It is supposed to make it a more objective test instead of a subjective test of what that particular person felt. That persons belief of a threat is evidence, but not determinative of the issue. In other words, in the totality of the circumstances, was that person's belief reasonable. So just saying you felt threatened is not enough.

The thing you see when officers are involved is that juries are very typically going to defer to the officer's subjective belief, whether it was reasonable or not.
This post was edited on 2/12/15 at 8:45 pm
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