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by Kythas
Thu Nov 29, 2012 4:03 pm
Forum: The Crime Blotter
Topic: Surveillance video shows violent confrontation at gas statio
Replies: 39
Views: 4408

Re: Surveillance video shows violent confrontation at gas st

Jumping Frog wrote:
baldeagle wrote:
C-dub wrote:It depends on a few things. Size difference, difference in ability, difference in numbers all come into play.
Would you mind citing the statute for that?
It is not about statute, because the crux of the issue is whether a "reasonable person" would believe they were in danger of death or serious bodily injury. Thus the factors that can affect a "reasonable person" become more about case law and juries than about statute.
Not quite, Frog. Texas self defense statutes don't reference what a "reasonable person" would do, it references what action the ACTOR thought was reasonable.

All the sections of Texas PC Section 9 states what the actor thought was reasonable, not what a "reasonable person" would think is reasonable.

For example:
Sec. 9.31. SELF-DEFENSE
(a) Except as provided in Subsection (b), a person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other's use or attempted use of unlawful force.
It doesn't say:
(a) Except as provided in Subsection (b), a person is justified in using force against another when and to the degree a reasonable person would believe the force is immediately necessary to protect the actor against the other's use or attempted use of unlawful force.

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