Shooter503 posted:
Why is self-defence considered inappropriate when overt threats of violence are made, by multiple potental assailants, from a motor-car that is being operated dangerously and in such a manner as to clearly show that the intent of the other driver is to force you to a stop?
In my state, and others I have read the laws on justifiable use of deadly force, the standard used is "
reasonable fear of
imminent great bodily harm and/or death". This is referenced to the renowned "reasonable person".
"Would a reasonable person, of sound mind, think that..."
There also needs to be three factors that are satisfied:
- Capability - They are capability - an unarmed 80 year old woman with severe arthritis is generally not capable of doing great bodily harm to a healthy 30 year old man.
- Intent - They need to show intent.
- Opportunity - Some one with a 3' pipe, 40 feet away, sitting on the curb does not have the opportunity. Someone 3 feet away does.
This is the standard generally used.
Verbal threats do
not qualify do to the lack of
immanency. If 5 thugs verbally threaten you from across the road, deadly force is
not justified. If they continue to verbally threaten you and cross the road towards you, it may be.
If you are forced off the road and approached by multiple people, would a reasonable person feel that there is an imminent threat of great bodily harm?
If the approaching people all carried flowers and were smiling while singing passages from their held open Bibles, the reasonable person would not feel that there was a reasonable fear of imminent great bodily harm and/or death.
If the approaching people had tire irons, there would be a different reaction from the reasonable person.
- Capability - They are capability - there are multiple healthy 18 - 25 year old men.
- Intent - They forced you off the road after threatening to shoot you.
- Opportunity - You are trapped in your car and they are armed and within range of their weapons.
The
reasonable person would feel an imminent threat of great bodily harm or death in this situation and deadly force would be justified
if they approached close enough to use their weapons. If they got out of their car and shouted at you from 15', but made no approach, this is a very questionable situation due to the lack of immanency and lack of opportunity.