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Lucid Dreamer

(589 posts)
24. Jurisdictions may vary in the answer to these questions.
Mon Mar 28, 2022, 02:56 AM
Mar 2022

>Are there levels of threat?
Yes. To justify use of deadly force most places require that there be a threat of death or Great Bodily Harm [or Severe Bodily Injury, or some other similar wording].

>What standard do we use?
Innocence.
Imminence
Proportionality
Avoidance [or Retreat] in some jurisdictions
Reasonableness


>Does the shop keeper have a responsibility to not use excessive force.
Depends on jurisdiction

>Does the shop keeper have a duty to retreat?
Depends on jurisdiction

For a very good coverage I suggest The Law of Self Defense by Attorney Andrew F. Branca.
He goes into the details of the elements and standard pertaining to the use of deadly force and the elements necessary to present in a court of law.
A comprehensive index covers each state and the differences needed for a successful defense.

-- I am not a lawyer

Recommendations

0 members have recommended this reply (displayed in chronological order):

Seems a bit excessive Buzz cook Mar 2022 #1
Would it have been less excessive had he been robbing a Neiman Marcus? Dial H For Hero Mar 2022 #4
How frequently are people killed by armed robbers? Buzz cook Mar 2022 #16
I'm not sure of the likelihood of a "typical" robber injuring or killing their victim(s). Dial H For Hero Mar 2022 #17
And if the robber were Buzz cook Mar 2022 #18
Once he is no longer a threat, the judicial process takes over. Dial H For Hero Mar 2022 #19
And how threatening? Buzz cook Mar 2022 #23
Jurisdictions may vary in the answer to these questions. Lucid Dreamer Mar 2022 #24
Well that's an easy fix DashOneBravo Mar 2022 #7
Isn't that what the robber was there with a gun to threaten to do? LiberatedUSA Mar 2022 #10
As the kids now say bottomofthehill Mar 2022 #2
As of yesterday . . . AndyS Mar 2022 #3
I infer those are year to date numbers. discntnt_irny_srcsm Mar 2022 #5
I'd say something that can be verified. Otherwise it's just opinion and opinions are AndyS Mar 2022 #6
Hell, I had a Defensive Crossbow Use The Mouth Mar 2022 #8
I'd have to agree but... discntnt_irny_srcsm Mar 2022 #9
The Gun Violence Archive uses AndyS Mar 2022 #11
re: "...what else is there?" discntnt_irny_srcsm Mar 2022 #12
"What else" referrs to what to base AndyS Mar 2022 #13
Yes, I know that "what else" referred to. discntnt_irny_srcsm Mar 2022 #14
I'm sorry, I can't let this go. AndyS Mar 2022 #15
Replies discntnt_irny_srcsm Mar 2022 #20
I give up. AndyS Mar 2022 #21
Can we just agree that... discntnt_irny_srcsm Mar 2022 #22
Question... yagotme Mar 2022 #25
Self defense has always been legal in the home and out of it. AndyS Mar 2022 #26
Barely got past your first line. yagotme Mar 2022 #27
Latest Discussions»Issue Forums»Gun Control & RKBA»Would-be robber shot dead...»Reply #24