CCW shoot out in Tulsa

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Eleven Mike said: But what evidence could convince a jury that the defendant was absolutely, beyond all reasonable doubt, not in fear for his life?

11-M,

The issue is not just one of being in fear of one's life. The fear has to be reasonable, and the use of force justifiable. Justification is a legally defined term, which means more than what you or I might think it means at face value. The cases I cited, and Pengiun dimissed as irrelevant out of hand, touch on that concept of justification. Meeting the criteria of self-defense can be satisfied without meeting justification. In a situation of mutual affray, self defense can be argued, but when the parties agreed to the fight, they lost justification.
 
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