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by vorpalhex
2400 days ago
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Everything above is extremely variable from state to state in the US and most of what you've said is wrong for the vast majority of states. In Maryland, Castle Doctrine isn't enshrined by law but is held by precedent and still requires "reasonable belief" of harm. In Texas, someone entering your property illegally can be met with lethal force in most circumstances, and some property can be protected with lethal force (with more than a few caveats, including the time of day). Lethal force is lethal force. Whether you shoot someone in a cowboy duel face to face or smack them with a lead pipe when they are unaware doesn't overwhelmingly matter (putting aside reasonable belief issues that might arise). |
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Also hopefully to make sure that someone doesn't put themselves into a situation where they can be legally killed by someone else. Being mindful that entering someone's home unannounced or brandishing a knife or fists to intimidate that trespasser on your back 40 could result in your death.
These requirements are from old style common law. I should have mentioned that it varies a lot from state to state and even under varying circumstances. For instance, if someone is 20 feet away from you, holding a knife and threatening to kill you, can you shoot them without going to prison?
The question is, does a "Reasonable Person" have a belief that the man holding a knife at 20 feet is able to kill you before you can react. He can't reach you right? But how long does it take a person to cover 20 feet and stab you? Could you react in time? How do you know that he could have covered the distance before you could draw your weapon? Can you beat that brandishing charge if you don't shoot?
Well if you point that gun at him and didn't know how fast that person can cover that 20 feet at the time then it isn't admissible as evidence for your legal defense to prove that a reasonable person would believe the person CAN kill you. Instead the DA will just say "He was 20 feet away!" and the jury will put you in jail because you didn't have the training or evidence that you KNEW he could cover that distance in less time than you can draw.
IMPORTANT: If you are willing to use deadly force, and arm yourself to do so, then you should be trained to do so legally. Not relying on rumors and advice of Hacker News commenters!