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by Texas Dan Mosby
Sat Aug 20, 2011 8:12 pm
Forum: General Texas CHL Discussion
Topic: Flash Mob
Replies: 66
Views: 8226

Re: Flash Mob

How do you determine if the use of force is unlawful without considering the circumstances?
The circumstances are moot, due to the fact that a threat can occur in many different forms. Regardless of the form of the threat, or the instruments used by the threat, either the threat meets the intent/ability/immediacy criteria necessitating the use of force/deadly force, or it doesn't.
It's easy if you're the victim, but what if it's a 3rd party?
3rd party defense is not my focus, nor is it my job to defend them (anymore). However, IF, (and that's a big if) I were to ever interject myself on the behalf of a 3rd party, I would use the same criteria.
by Texas Dan Mosby
Sat Aug 20, 2011 6:28 pm
Forum: General Texas CHL Discussion
Topic: Flash Mob
Replies: 66
Views: 8226

Re: Flash Mob

I've seen a few examples floating around, however, my personal use of deadly force ROE revolves around 3 criteria I believe to be in accordance with the law, and common sense, all of which must be met before I would use deadly force: 1)intent 2)ability 3)immediacy.

The "scenario" or "circumstances" do NOT matter to me, simply because the criteria is either met, or it isn't. Period. So be it one or more individuals, with or without weapons, youths, a gang of homicidal senior citizens, escaped monkeys, or whatever, either the criteria is met, or it is not. If the criteria is met, I will use deadly force to stop the threat, and if not, I won't.

Intent displayed to cause unlawful death or serious bodily injury?
- Verbal threats, hostile physical actions, predatory behaviors.
Ability to carry out the intent?
-Size/strength, numbers, use of tools / weapons
Immediacy
-Do I need to use deadly force NOW to stop the threat?
-Is it too late to escape, avoid, use less than lethal force, or use a barrier to stop the threat?

If the answer to all of the above is yes, then I feel confident in being able to justify the use of deadly force to stop a threat, regardless of scenario.

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