Well said, gigag04.gigag04 wrote:Maybe this was the train of thought:txinvestigator wrote: I am still waiting for you to show me the law that allows you to use deadly force if you are afraid.
If someone can prove a reasonable fear of loss of life, then a GJ/DA would probably label it a clean shoot, as a reasonable person would have acted as such in a self defense capacity.
The law is well and good, but courts interpret the law in the light of reason.
Just a midnight thought.
-nick
Sec. 9.32. DEADLY FORCE IN DEFENSE OF PERSON. (a) A person is justified in using deadly force against another:
~ ~ (1) if he would be justified in using force against the other under Section 9.31;
~ ~ (2) if a reasonable person in the actor's situation would not have retreated; and
~ ~ (3) when and to the degree he reasonably believes the deadly force is immediately necessary:
~ ~ ~ (A) to protect himself against the other's use or attempted use of unlawful deadly force; or
~ ~ ~ (B) to prevent the other's imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.
If someone is in immediate fear for one's life, a reasonable person would think that the actor felt that murder, or "unlawful deadly force" would be imminent, therefore deadly force would be immediately necessary to prevent such unlawful action.
Not really a leap of logic.
Thinking. It's not that overrated...
