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by dragonwriter
160 days ago
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> > I hope you are not claiming perception of intent is enough to claim a life
> > It is the actual intent that counts. > As an objective legal matter, it is. You are both wrong. The requirement for self-defense (which may or may not even be available here if it is ever charged, because it doesn't apply to all kinds of murder, notably generally not to felony murder, which given ICE's very narrow jurisdiction there is a very good case, IMO, applies here) is neither mere subjective perception nor actual intent, but objectively reasonable fear. Actual perception of a threat which is not objectively reasonable in the circumstances does not justify self-defense. |
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But I don't understand the distinction in "kinds of murder" that you are describing; murder is always a felony and "misdemeanor murder" is a term of art not describing an actual statutory offense (https://en.wikipedia.org/wiki/Misdemeanor_murder). Nor can I see how the "narrow jurisdiction" of ICE is relevant here, given that it includes (https://www.law.cornell.edu/uscode/text/8/1357):
> (a)(5) to make arrests — (A) for any offense against the United States, if the offense is committed in the officer’s or employee’s presence
Obstructing federal officers in their duty is a federal offense, and it necessarily occurs in the presence of those officers.
Anyway, given the evidence I find it quite clear that the threat was "objectively reasonable in the circumstances" (i.e., with the available information in the moment, without benefit of hindsight and given the time pressure).