Latest Breaking News
In reply to the discussion: Man shopping for coffee creamer at Walmart attacked by vigilante for carrying gun he was legally per [View all]Xithras
(16,191 posts)You are always legally allowed to apply the minimum amount of force needed to stop an attack.
If a 175 pound man attacks a 100 pound woman and starts beating her, she can shoot him to stop the attack. Why? Because it is the minimum amount of force that SHE can muster to stop the beating.
If that same 175 pound man attacks a 225 pound professional boxer and starts beating him, the victim cannot simply shoot him to stop the attack in most states. Why not? Because the boxers weight and fighting skills give him lesser means of stopping the attack. In most states, the victim couldn't resort to a firearm unless the attacker actually managed to incapacitate the more powerful opponent.
If that same 175 pound man attacks another 175 pound man, the victim can shoot (or stab, or otherwise permanently physically maim) an attacker if they can show that it was the only way they could stop the attack.
In states that have them, disproportionate use of force requirements simply say that you have to apply the minimum amount of force that YOU CAN BRING TO BEAR in order to stop a crime.
So, if the victim was incapable of physically repelling the assault, shooting him would not have violated disproportionate use of force laws. As for his life not being in danger...all 50 states have laws basically saying that you are under no obligation to suffer a physical assault. If you are beating me, I can apply as much force as is needed to stop the attack. There is no "He's beating me, and I can't possibly fight him off with my fists, so I have to sit here and take it" law. If lethal force is the only way to escape a physical assault, all 50 states have laws allowing you to apply it. Only the means and conditions vary.