Laws of self defense..

[NIFT]

Originally Posted by Manan

Typically the courts find that when a "Reasonable Person" would find themselves in danger of .......

So, when or if you are ever involved in a deadly force use situation, the Monday morning quarterbacking will commence. Remember, cooperate with the investigation after you have spoken to an attorney.

This is spot on, and "reasonable" will be in the minds of the jury or a judge if it is a bench trial. Juries, in particular, are very fickle and unpredictable. Everything you say will be used against you!

Strongly suggest getting a copy of Indiana Handgun Law by Brian Ciyou in Indianapolis. Call his office at 317-972-8000. Earlier this year, I paid $30.65 for the book, delivered.

There are three critial points to claiming self defense, and all must be present, or it is not self defense:

1. You must be in a place you have a right to be.
2. You must not provoke, initiatiate, or participate in the encounter, and,
3. You must be in reasonable fear of serious bodily injury or death.

The costs of shooting someone are extremely high, including legal, financial, emotional, reputational, professional (you may lose your job), and in the community/neighborhood. A perfectly justified self-defense shooting will cost tens of thousands of dollars, just in legal fees.

Avoid violent confrontations, if at all possible.

[bigus_D]

Originally Posted by NIFT

This is spot on, and "reasonable" will be in the minds of the jury or a judge if it is a bench trial. Juries, in particular, are very fickle and unpredictable. Everything you say will be used against you!

Strongly suggest getting a copy of Indiana Handgun Law by Brian Ciyou in Indianapolis. Call his office at 317-972-8000. Earlier this year, I paid $30.65 for the book, delivered.


There are three critial points to claiming self defense, and all must be present, or it is not self defense:

1. You must be in a place you have a right to be.
2. You must not provoke, initiatiate, or participate in the encounter, and,
3. You must be in reasonable fear of serious bodily injury or death.

The costs of shooting someone are extremely high, including legal, financial, emotional, reputational, professional (you may lose your job), and in the community/neighborhood. A perfectly justified self-defense shooting will cost tens of thousands of dollars, just in legal fees.

Avoid violent confrontations, if at all possible.

However, a person is justified in using deadly force only if the
person reasonably believes that that force is necessary to prevent
serious bodily injury to the person or a third person or the
commission of a forcible felony.

The code (sited above) suggests that you don't neccessarily have to be in fear of bodily injury or death. Protecting a third person is also sufficient as well as preventing a forcible felony.

[finity]

Originally Posted by NIFT

There are three critial points to claiming self defense, and all must be present, or it is not self defense:

1. You must be in a place you have a right to be.
2. You must not provoke, initiatiate, or participate in the encounter, and,
3. You must be in reasonable fear of serious bodily injury or death.

2 & 3 are covered in the law but 1 isn't there.

Is there case law to back that up?

Originally Posted by NIFT

The costs of shooting someone are extremely high, including legal, financial, emotional, reputational, professional (you may lose your job), and in the community/neighborhood. A perfectly justified self-defense shooting will cost tens of thousands of dollars, just in legal fees.

Not entirely true. It MAY cost thousands of dollars but not necessarily WILL. Thinking like that may deter someone from using legally permissible deadly force to protect themselves & they may wind up dead because of it. There are examples all the time of people who have walked away from a SD scenario with no legal bills at all.

Know the law & try to use good judgement. That's the best you can hope for in a situation like that.

Originally Posted by NIFT

Avoid violent confrontations, if at all possible.

Best advice possible.