"Avoidance", and the Other Things

[Kleanbore]

We recently discussed the topic of "avoidance" as a strategy in self defense.

We were using a the term in a colloquial sense. Legally speaking, "avoidance", in the context of self defense, means retreat.

In the prior discussion, I think most of us were thinking more in terms of such things as "not going to stupid places with stupid people and doing stupid things".

Or, putting it another way,

• Do not go to that place, at that time, by that route, or by that method of transportation, unless you have to,
• do not interact with the wrong people,
• do not draw attention to yourself or your property,
• keep your eyes open.
• take out the ear buds,
• be polite,
• don't start anything,
• if things start to get testy, be quick to apologize,
• and if things get really out of hand, get out while you can.

The last of those pertains to retreat, or avoidance. It may or may not be legally required, but it may be an indicator of reasonableness, and it's a good idea in most instances anyway.

The other things can have a bearing on the legal concepts of innocence and reasonableness.

Regardless of how we classify them, they are words to live by.

This subject has become much more importance in recent months, for several reasons:

• In some places, the likelihood of criminal charges, and bail requirements, have been severely reduced for all but the most serious crimes, and criminals know that;
• some municipal governments have been directing their police departments to stand down, avoid confrontation, and even retreat, and criminals know that;
• some municipalities have forbidden the police use of certain less lethal methods of controlling crowds, and criminal knows that and may pose a greater threat to innocent people;
• and changes in law enforcement policies have seriously reduced the incentive for police officers to protect and to serve.

In addition to all of that, prosecutors have become much more active in looking for charges against law enforcement officers and civilians alike when defensive situations arise.

It is important to understand that the above is by no means limited to instances involving the display or use of firearms. Charges have been filed when people who intended to be tripped were tripped and injured. And people who have tried to drive away from persons breaking into their automobiles have been hauled in after bumping into people and vehicles that got in the way.

I suggest careful reflection on the above.

Let's be careful out there.

 

[1942bull]

You nailed it as far as I am concerned. I like your choice of the words,”avoidance,” and “reasonableness,” and the connection you made to the word “innocence.” It should not take much thought by anyone to see the logic of your thinking. Long ago I adopted personal principles which would demonstrate that I was a reasonable person. They are simple precepts.

1. Never look for an argument or a fight because in the scheme of life there is little worth arguing about and even less worth fighting over.
2. No matter what the provocation never lose your wits because anger is self-defeating and hostility is incriminating.
3. Nothing is more important than life and liberty so do not act to deprive any innocent person of either.
4. Respect every person’s dignity by not deriding, denigrating anyone or their opinion.
5. The Golden Rule to do unto others as you would have them do unto you is a good way to live.

Your post did make me think. It was good to revisit my own precepts. Thank you.

 

[Kleanbore]

Those are excellent and quite relevant.