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Justifiable use of deadly force.

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ol0rk

Guest
Arizona

Here’s the question. Was this justifiable use of deadly force?

Two people are in a parking lot. Out of nowhere words are exchanged. Person A is sitting in his car, parked, keys in pocket, seat belted on, engine off, in park, and window down. Person B approaches person A in car and starts hitting him repeatedly non stop. Person A that is getting beaten pulls out a gun and shoots him. Was this justifiable? Is a human’s bare fist lethal? Boxers have killed each other before with 24oz. gloves on. Please share your opinions. I feel that this is more of an opinionated matter that would be left up to the jury but I would like to hear some professional outlooks on the matter.
 


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ol0rk

Guest
Sorry, I should have specified. It’s a hypothetical situation
 
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ol0rk

Guest
racer72 said:
Someone wants their homework done for them.
Not quite. It’s more of a debate between friends. However, thanks for the input even though you contributed nothing.

As for pulling out the car keys, starting the engine, pulling the ebrake off, putting it in drive, and pulling away all the while someone is beating your face in... Facial reconstructive surgery has never been a favorite of mine.
 
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Trent(1)

Guest
Under what circumstances may one use non-deadly force to defend himself?

He must be without fault (i.e., he cannot be the "aggressor," and he may only use such force as reasonably seems necessary to protect himself from the attacker's imminent use of unlawful force on him.)

There is no duty to retreat before using non-deadly force.

Thus, deadly force can only be used when victim is threatened with great bodily harm or death. Whether a person was threatened with GBI or death is a question for the jury.

A majority of states say there is no duty to retreat, even if it can be done so safely and even if retreat would save either party from further harm

A minority of sates say that before using deadly force in self-defense there is a duty to retreat, if the same can be done in complete safety.
 

n_and

Member
ol0rk said:
Not quite. It’s more of a debate between friends. However, thanks for the input even though you contributed nothing.

As for pulling out the car keys, starting the engine, pulling the ebrake off, putting it in drive, and pulling away all the while someone is beating your face in... Facial reconstructive surgery has never been a favorite of mine.
Because you said pull the e-brake off, I'm going to assume you are hypothetically using a standard. To pull out car keys and start a car takes all of 30 seconds. My VW is an OLD standard [with the gears in funny places and a hard clutch to work], and it still takes about 30 seconds.
If he had time to pull his gun out, he had time to pull his keys out and drive away...
What do you care any way? Why don't you try it and let us all know how it works out.
 
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ol0rk

Guest
n_and said:
What do you care any way? Why don't you try it and let us all know how it works out.
Sure. Wanna meet me in a parking lot?
 

divgradcurl

Senior Member
Here is a discussion of the applicable Arizona laws:

"You would be justified in threatening or using physical force against another person when and to the extent a reasonable person in your position would believe that physical force is immediately necessary to protect yourself against the other person's use or attempted use of unlawful physical force. (A.R.S. § 13-404) . You would be justified in using deadly physical force when a reasonable person in your position would believe that deadly physical force is immediately necessary to protect yourself against the other person's use or attempted use of unlawful deadly physical force. (A.R.S. § 13-405).

It is important that you understand that the law permits a measured self-defense. Generally, you can only use the force necessary to resist the unlawful force. You can resist unlawful physical force with physical force. You can resist unlawful deadly force with deadly force"

http://www30.brinkster.com/daver120/Arizona_laws.htm

Unless you could prove to a jury that getting punched in the face was "unlawful deadly force" you would be in a heap of trouble if you pulled a gun and used it in the hypothetical above.
 

n_and

Member
No. I don't meet with people that I converse with on the internet. You're probably a psycho.

So you know, threatening people on-line isn't very intimidating. It's just laughable.
 
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ol0rk

Guest
Amazing. I ask a question a serious question and get belittled.

No threat was issued here. I simply asked if you would like to meet.
 

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