I believe the Constitution prohibits Ex Post Facto laws, laws that apply retroactively, regardless of what the state of AZ says. Judge, or appellate level, are likely NOT going to get overturned.
I have a hard time with this one. If the dogs had bit Fish, better case. How big are the dogs? The fact that they turned, and didn't attack, makes it hard to believe he felt the dogs threatened his life.
I've often felt I might have to take actual physical harm to justify the use of a firearm to defend myself, particularly in Kali. Also, it's about the only way to know if the guy is just running his mouth, or intent on doing you bodily harm.
Besides, getting punched is a bit different from being in fear for your life.
My girlfriend hates homeless people. She's walking down 7th street in San Francisco, and some guy steps out, and punches her in the face, for no reason. He wasn't trying to kill her, just felt like punching a 95 pound, 5'2" girl in the face today. Maybe figured it was better in jail then on the street, and was trying to get there. He got away with it.
There are some VERY scary people on the street. One guy I tried to keep incarcerated, shot a police officer, and, shot and killed a police dog in Golden Gate park. 20+ pages of rap sheet. Pretty much said if he gets off his meds, he goes crazy, on a consistent basis. Psychiatrist, and defense attorney STILL wanted the guy free after 6 years, so he could go out, get off his meds, and go crazy again. Guess you have to kill someone before they keep you in for life...
Told both the shrink and the defense attorney, same guy that got Dan White off with the twinkie defense, I'd like the guy to move in next door to them...
All that said, I suspect the physical evidence might have told a different story then the TV show, concerning Fish. I sure hope so...
The issue really is if Fish had a reasonable fear for his life, I guess. Having to prove that is NOT a position he should have been in, in the first place.
MOST laws are written that self-defense is either based on a reasonable person standard, it's reasonable for you to believe your life is threatened, based on what a normal person would believe in the situation, or, the lower standard, that all you have to believe is that your life is threatened, and only your state of mind matters.
Appears AZ had a much higher one, that you have to PROVE that your life was threatened. NOW, the question becomes what the standard of proof is.
Is it beyond a reasonable doubt? Which is like 75% certain? That's the usual
level of proof required for the state to convict.
That's VERY hard to do, with no weapon, in play, no dog attack, etc.
S
PS
Picked Socrates, because I'm a teacher, Special ed. I've had to face a number of irate students, that came very close, and, appeared intent on attacking me. NONE have. (High school level, San Francisco, Balboa High School, takes all the worst kids in the Bay area, that have been kicked out for guns, and drugs, who take BART to school, or, local gang kids, mainly).I have little doubt that I would have to be struck, at least, prior to being able to defend myself. I also have little doubt a weapon would have to be present, as well.