The adventures of a middle aged law student

Tuesday, March 8, 2011

use of force

Are you a Bernie fan? Our class seems to be pretty divided in this case. One person was living in New York at the time of the Goetz shooting. Most felt that his pulling the gun and maybe even shooting the first two who were very close to him may have been justified. Almost universally the opinion was that the third young man's shooting was unjustified, because he was retreating, and the fourth, the one Goetz went back to shoot after surveying the scene, was not justified in anyone's mind. The fourth young man had clearly withdrawn, yet Goetz shot him anyway.

-Reasonable force is allowed when necessary to prevent the harm threatened.

-A reasonable person in the same circumstances would have believed themselves to be in imminent harm

The questions are:

whether to own a gun?

How bad does it have to get before I will be justified in defending myself with deadly force, and not be sending myself to prison? It seems it depends on what jurisdiction you live in.

Can I use force to defend myself against the snails who attack my garden? I hope so, because I squashed 5 of them on Sunday.

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