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Old 01-15-2008, 07:06 AM   #18
DonMagee
Location: Indiana
Join Date: May 2006
Posts: 1,311
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Re: Legal right to use Aikido in defense of yourself

Quote:
Mary Malmros wrote: View Post
I really doubt that your state is handing out "get out of jail free" cards that allow anyone who feels that his/her property is threatened to kill the source of the threat. Even when you feel your person is threatened, I suspect the truth is a little more nuanced. If the cops come to a scene and find one live person and one dead one, you won't get the following exchange:

"What happened?"
"I felt that he was threatening me."
"Oh, okay. Bye now!"

Whenever a body gets produced, there's 'splainin' to do, and the authorities have to be convinced that the killing was reasonable and doesn't warrant further action. People have made the "I felt threatened" argument before, been taken to trial, lost and gone to prison because the DA didn't think that their response was reasonable, and the jury agreed with the prosecutor. In a society governed by laws, it's never all about what you think.
Specifies that a person: (1) is justified in using deadly force; and (2) does not have a duty to retreat; if the person reasonably believes that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony. Specifies that a person: (1) is justified in using reasonable force, including deadly force, against another person; and (2) does not have a duty to retreat; if the person reasonably believes that the force is necessary to prevent or terminate the other person's unlawful entry of or attack on the person's dwelling, curtilage, or occupied motor vehicle.

Yes, you are going to go to probably get arrested. But a good lawyer should have no problem getting you proved innocent.

From a news article,

"At the end of the day, the law says if you have no other out and it appears you are about to get killed or seriously harmed, you don't have to send out a survey," said Scott Newman, the former Marion County prosecutor. "You can pull out a gun and defend yourself."
Just last month, Indiana became the third state to make clear that people have the right to use deadly force when threatened without first trying to back away. Indiana did not previously require residents to retreat before using a gun or other deadly weapon, but the new law clarified that point.

Here's another article where a police officer shot a person trying to kick his door down. He shot him though the door.

http://www.theindychannel.com/news/5591346/detail.html

No requirement to flee, warn, or detain. Just kill him because he might injure you.

Here, give it a read http://www.in.gov/legislative/ic/cod.../ar41/ch3.html

But yes, you are probably going to end up in court if it is not cut and dry. But I think if someone is seriously threatening you, then killing them is the only option. Of course I think our dispute in this conversation is your interpretation of the word threatening.

If someone says "I'm going to kill you." That is not threatening. Now if he is moving at you screaming it, or if he is wielding a weapon, kicking your car or front door. Then the only safe option is to kill him.

Here is a situation from this weekend I was involved in (no I didn't kill anyone). I was at a 2 way stop. My wife was driving. She had come to a complete stop and started her turn left. A van came up on the other side of the road, rolled though the stop light and honked at us thinking apparently he had the right of way. My wife did not stop and finished her turn. This really ticked this guy off bad, he started riding our tail, flashing his lights and screaming/giving us the finger. I laughed about how silly it was he could get that worked up about it, then I realized he was following us. We were about two blocks away, we pulled into our sub-division and drove around the block twice, he was still following us. I told my wife, that we were to pull into our drive way. If he stopped and got out, I intended to kill him. Luckly, just as I said that, he turned off and left. I spoke with my friends in law enforcement about this. They believed that I would be in every right to stop this man. He was a serious threat to my wife, my property and myself. There was nothing to lead me to believe he was in his right mind, and he was following me. There was no way to know he was not armed, and I am not under any duty to flee, or retain him for police. Simply shoot first, find out what happened later.

I hope I never have to kill a person. But I am fully prepared to do so.

- Don
"If you can't explain it simply, you don't understand it well enough" - Albert Einstein
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