lklawson
Grandmaster
I've posted this elsewhere on some other boards, but I think it goes well here too. There has been a lot of discussion recently over what constitutes "Self Defense" and what is, and is not, "Justifiable Deadly Force." What has become clear is that many people simply have no idea whatsoever of what constitutes Justifiable Deadly Force. What follows below, while not a full discussion of the topic, is a summary of what it typically distills into. This is the discussion that I have will all of my students. I sometimes refer to it as The Four Pillars of Justifiable Deadly Force.
Ability:
This is the physical capability to kill or seriously injure. Sometimes this means a weapon such as a knife, club, or gun. It can also mean "Disparity of Force." Disparity of Force in this context is when there is a large enough difference between the attacker and the attacked that raw physical capability alone is enough to be recognized as Deadly Force. The typical examples are a group attack, though unarmed, against a single individual, or the proverbial attack by a 300 pound enraged linebacker against a 90 year old fragile boned grandmother. Martial Artists, take note: there have been a few court cases which have ruled that martial arts training constitutes Deadly Force because of the, assumed, greater skill that the martial artist possesses. Same for Military and LEO training.
Opportunity:
Opportunity is similar to Ability, in that it reflects a raw ability to inflict grievous harm. However, Opportunity is more often linked to physical proximity. If the attacker is not within range to perform the attack then there is no threat. An attacker with a knife 30 feet away is no attacker at all. On the other hand, an attacker with a firearm 30 feet away is most certainly within range to inflict bodily harm. An attacker must have the "Opportunity" to use his "Ability" for the attack to be a credible threat of Serious Bodily Harm or Death.
Imminent Jeopardy:
This means that the threat is immediate and that a "Reasonable Man" would believe, based on what information is available at the time, that the aggressor's intent is to cause severe physical harm or death. A "Reasonable Man" is a legal fiction, a pretend person, if you will, constructed to be an "everyman," a non-crazy, average Joe, with average knowledge, skills, and understanding. If a "Reasonable Man" could be said to believe that a threat is immediate, then it is "reasonable" to assume that you would too. Threats by the aggressor of some future attack do not satisfy Imminent Jeopardy while threats or actions that indicate an immediate, "right now," intention do.
Preclusion:
This means that all other options preceding Deadly Force were either exhausted or were not viable. Some places have a Duty to Retreat law or legal precedent. Essentially these address the same issue. Legally and morally the individual must reasonably eliminate all other methods to stop an attack before resorting to Deadly Force. It is particularly important to note that this does not mean that the individual must first "try, fail, discard, and then try another" to eliminate all other options. Many options are eliminated by immediacy of the threat. As an example, one simply does not have time to call the police and report a burglar when an aggressor is in the process of pounding you into jelly. Similarly, being prevented by the aggressor from leaving the area, such as if you were trapped up against a wall or had children with you, may preclude the Duty to Retreat.
Insert standard IANAL disclaimer here.
Peace favor your sword,
Kirk
Ability:
This is the physical capability to kill or seriously injure. Sometimes this means a weapon such as a knife, club, or gun. It can also mean "Disparity of Force." Disparity of Force in this context is when there is a large enough difference between the attacker and the attacked that raw physical capability alone is enough to be recognized as Deadly Force. The typical examples are a group attack, though unarmed, against a single individual, or the proverbial attack by a 300 pound enraged linebacker against a 90 year old fragile boned grandmother. Martial Artists, take note: there have been a few court cases which have ruled that martial arts training constitutes Deadly Force because of the, assumed, greater skill that the martial artist possesses. Same for Military and LEO training.
Opportunity:
Opportunity is similar to Ability, in that it reflects a raw ability to inflict grievous harm. However, Opportunity is more often linked to physical proximity. If the attacker is not within range to perform the attack then there is no threat. An attacker with a knife 30 feet away is no attacker at all. On the other hand, an attacker with a firearm 30 feet away is most certainly within range to inflict bodily harm. An attacker must have the "Opportunity" to use his "Ability" for the attack to be a credible threat of Serious Bodily Harm or Death.
Imminent Jeopardy:
This means that the threat is immediate and that a "Reasonable Man" would believe, based on what information is available at the time, that the aggressor's intent is to cause severe physical harm or death. A "Reasonable Man" is a legal fiction, a pretend person, if you will, constructed to be an "everyman," a non-crazy, average Joe, with average knowledge, skills, and understanding. If a "Reasonable Man" could be said to believe that a threat is immediate, then it is "reasonable" to assume that you would too. Threats by the aggressor of some future attack do not satisfy Imminent Jeopardy while threats or actions that indicate an immediate, "right now," intention do.
Preclusion:
This means that all other options preceding Deadly Force were either exhausted or were not viable. Some places have a Duty to Retreat law or legal precedent. Essentially these address the same issue. Legally and morally the individual must reasonably eliminate all other methods to stop an attack before resorting to Deadly Force. It is particularly important to note that this does not mean that the individual must first "try, fail, discard, and then try another" to eliminate all other options. Many options are eliminated by immediacy of the threat. As an example, one simply does not have time to call the police and report a burglar when an aggressor is in the process of pounding you into jelly. Similarly, being prevented by the aggressor from leaving the area, such as if you were trapped up against a wall or had children with you, may preclude the Duty to Retreat.
Insert standard IANAL disclaimer here.
Peace favor your sword,
Kirk
