Use of deadly force

WinChoke · 01-17-2009

This is a case which reinforces the importance of understanding and abiding by generally accepted rules regarding when and when not to use deadly force. As shown in the case linked below, the caliber and type of ammunition used can be considered "aggravating factors" by the court even if possession (more specifically carrying) is otherwise legal. This case isn't one of self defense, but I'd be interested to know if there are any Indiana cases in which self defense shooters armed with large caliber handguns loaded with HPs were named as defendants in lawsuits filed by the wounded perpetrators (or dead perps' spouse, parents, etc.), and if so, what were the outcomes?

http://www.in.gov/judiciary/opinions...4250601jgb.pdf

esrice · 01-17-2009

It appears the "aggravating factors" excuse was struck down, after citing a law from (of all places) Illinois, in which exercising constitutionally protected rights cannot be shown as "aggravating factors".

01-17-2009	#1 (permalink)
WinChoke Plinker Join Date: Jan 2009 Location: Alexandria Posts: 118	Use of deadly force This is a case which reinforces the importance of understanding and abiding by generally accepted rules regarding when and when not to use deadly force. As shown in the case linked below, the caliber and type of ammunition used can be considered "aggravating factors" by the court even if possession (more specifically carrying) is otherwise legal. This case isn't one of self defense, but I'd be interested to know if there are any Indiana cases in which self defense shooters armed with large caliber handguns loaded with HPs were named as defendants in lawsuits filed by the wounded perpetrators (or dead perps' spouse, parents, etc.), and if so, what were the outcomes? http://www.in.gov/judiciary/opinions...4250601jgb.pdf __________________ A mine is a terrible thing to waste

01-17-2009	#2 (permalink)
esrice Former Mod =( Join Date: Jan 2008 Location: Southside, Indianapolis Posts: 8,499	It appears the "aggravating factors" excuse was struck down, after citing a law from (of all places) Illinois, in which exercising constitutionally protected rights cannot be shown as "aggravating factors". __________________ Guess I'll have to come up with a new signature. . .

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