Yes, a very good statement of Self-Defense against any and all actions of another to harm you to any degree.
I was just responding to Section 2 of the New York Penal Code, which deals specifically with deadly physical force.
I'm afraid I do. At least regarding the difference between Manslaughter and Murder.
It's fine with me if you think otherwise. But it's not fine to characterize my words, which indirectly characterizes me. In this case as "drivel" and by implication a "drivel" thinker and writer.
I have...
Right. You are not guilty of one of the Usual Crimes nor given one of the usual penalties for taking a human life if (in NY State) either the Justification of Self-Defense or the Justification of Insanity are present. (In NY State "Justification and Necessity" are treated as pretty much one and...
This the Law in NY State. The relevant section is two.
So you can use deadly force as a Justification if deadly force is being used against you by another (and the conditions named have all been met).
Self-Defense is a Justification for "deadly physical force", i.e. killing, i.e. murder, all...
"And we've discussed on any number of occasions why this sort of analysis is meaningless and useless. ..."
I understand your reasoning I don't accept the conclusion. In my state Self-Defense is a Justification for Murder, meaning I intended death by my actions and death results. It is not a...
No, that's my point. I do intend to kill the attacker. I was pointing that out to another poster who believes because you are intending to stop an attack you are not really intending to kill. My opinion is that you're doing both, if you don't you'll die.
Just stating my opinion, based on my State's Law, in the end we all are just giving opinions. In each case a Court will decide if the Charge is justified.
My opinion is based on New York Penal Codes Definition of each, Manslaughter and Murder. The First I quoted verbatim from the Penal Code...
Well, by definition of most SD Law you are using Lethal Means, which must include the intent to have a lethal result if necessary. The mere fact of shooting someone mid-torso or hitting them over the head with a nearby tree branch, using a knife to try to stab him in his guts, the immediate...
Great exposition! Much thanks.
I don't quite know based on it where my example would lie: in my state perhaps Murder II (Murder I is for killing Police or for particularly heinous Murder), the latter though is only my belief, I'm not sure of that. I am sure it is the Charge for killing Police...
But isn't Manslaughter an intention to harm but not kill? Like a fight, you intend to hit the guy but he falls backward and cracks his skull on the sidewalk and dies. You only intended to hit him.
In SD your intention is stop by any means including killing. It's intentional.
And if no SD is...
I.E., If I claimed I killed a man by reason of Self-Defense and the Police Investigation find my claim is not justified: what will I usually be Charged with if there is any Charge that could be said to be "Usual".
I should give an example: I almost have a horrible car accident and by luck the...
Yeah you're right.
It's confusing with area police and what term they use for a Crime, seems from what people are saying they use "Homicide" for that also. A letter to the FBI might clear this up. Maybe sometime I'll write them.
ADDED: I would imagine area Police Reports of Crimes, meaning...
I wouldn't call this a discrepancy except that Homicide and Crime are two different things: Homicide is Death by agency of another person or the person themselves (Suicide).
Murder is Death by Intentional Agency of another or suicide (also a crime).
The Police seem to focus on those Homicides...
OP's Conclusion
From the stats which show a significant number of lethal attacks being stopped by guns, and by the many more possibly lethal attacks turned to the attacker fleeing upon sight of a gun:
My conclusion is that even if you end up never pulling a gun your whole life, it is still...
If this is true, very good, it means more attempted murders didn't go further that that due to SD, which is almost always by use of gun.
But the Professor's research has been devalued by his research techniques as criticized by many well-respected experts in Research (not by Anti-Gunners). By...
In other words, there would be many more Justifiable Homicides by Reason of Self-Defense,
which almost always are by use of gun. That right?
If so, why don't those states get their stats in.
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