Reply #27: More of the same, It looks like you are getting desperate

[Dick Dastardly]

I did not just base it on one comment as I said it was a reccuring theme

I did not say he was a marksman, it was in the Joke and you know very well that you brought it up from the Joke. As I said even if so when you pull a gun you shoot for the torso or largest target not just to wound. Its easier to miss a knee than the torso. Ask any cop or personal defense expert on this

The newer articles that I posted along with it said the investigation concluded self defense, you know this very well.


Are you from the US?
It would not put you in jail in the US, If a maniac was coming at you with a knife from across the street you can shoot because you fear bodily harm. Hell in Texas you can even shoot someone for breaking in your home, so can your neighbor

Justice Oliver Wendell Holmes, Jr. declared in Brown v. United States when upholding the no duty to retreat maxim that detached reflection cannot be demanded in the presence of an uplifted knife.<[/b>


Florida Law for instance


The Florida statute allows the use of deadly force when a person reasonably believes it necessary to prevent the commission of a "forcible felony." Under the statute, forcible felonies include "treason; murder; manslaughter; sexual battery; carjacking; home-invasion robbery; robbery; burglary; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or discharging of a destructive device or bomb; and any other felony which involves the use or threat of physical force or violence against any individual."<3>

The Florida law legalizes the use of defensive force by anyone "who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be." Furthermore, under the law, such a person "has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony." The statute also grants civil and criminal immunity to anyone found to have had such a reasonable belief


Delaware
The use of force upon or toward another person is justifiable when the defendant believes that such force is immediately necessary for the purpose of protecting the defendant against the use of unlawful force by the other person on the present occasion.

(b) Except as otherwise provided in subsections (d) and (e) of this section, a person employing protective force may estimate the necessity thereof under the circumstances as the person believes them to be when the force is used, without retreating, surrendering possession, doing any other act which the person has no legal duty to do or abstaining from any lawful action.

(c) The use of deadly force is justifiable under this section if the defendant believes that such force is necessary to protect the defendant against death, serious physical injury, kidnapping or sexual intercourse compelled by force or threat.





A Castle Doctrine (also known as a Castle Law or a Defense of Habitation Law) is an American legal concept derived from English Common Law, which designates one's place of residence (or, in some states, any place legally occupied, such as one's car or place of work) as a place in which one enjoys protection from illegal trespassing and violent attack. It then goes on to give a person the legal right to use deadly force to defend that place (his/her "castle"), and/or any other innocent persons legally inside it, from violent attack or an intrusion which may lead to violent attack. In a legal context, therefore, use of deadly force which actually results in death may be defended as justifiable homicide under the Castle Doctrine.

Castle Doctrines are legislated by state, and not all states in the US have a Castle Doctrine. Outside of the United States, the Castle Doctrine is sometimes pejoratively referred to as a "Make My Day" law <1> <2>, a reference to Dirty Harry.

Each state differs with respect to the specific instances in which the Castle Doctrine can be invoked, and what degree of retreat or non-deadly resistance (if any) is required before deadly force can be used.

In general, one (sometimes more) of a variety of conditions must be met before a person can legally use the Castle Doctrine:

An intruder must be making (or have made) an attempt to forcibly enter a premises uninvited
The intruder must be acting illegally -- i.e. the Castle Doctrine does not give the right to shoot officers of the law acting in the course of their legal duties
The occupant(s) of the home must reasonably believe that the intruder intends to inflict serious bodily harm, or death, upon an occupant of the home
The occupant(s) of the home must reasonably believe that the intruder intends to commit a felony
The occupant(s) of the home must reasonably believe that the intruder intends to commit arson
The occupant(s) of the home must reasonably believe that the intruder intends to commit burglary
The occupant(s) of the home must not have provoked or instigated an intrusion, or provoked or instigated an intruder to threaten or use deadly force
In all cases, the occupant(s) of the home must be there legally, must not be fugitives from the law, must not be using the Castle Doctrine to aid or abet another person in being a fugitive from the law, and must not use deadly force upon an officer of the law or an officer of the peace while they are performing or attempting to perform their legal duties.

Note: the term "home" is used because most states only apply their Castle Doctrine to a place of residence; however, some states extend the protection to other legally-occupied places such as automobiles and places of business.



Stand-your-ground laws (sometimes called shoot-first laws by critics) are statutes that allow the use of deadly force to defend against forcible unlawful entry or attack. These bills significantly expand the boundaries of legal self-defense by eliminating a person's duty to retreat from an invader or assailant in certain cases before resorting to the use of "defensive force that is intended or likely to cause death or great bodily harm to another." <3>

In a Minnesota case, State v. Gardner (1905) where a man was acquitted for killing another man who attempted to kill him with a rifle, Judge Jaggard stated-

The doctrine of 'retreat to the wall' had its origin before the general introduction of guns. Justice demands that its application have due regard to the general use of and to the type of firearms. It would be good sense for the law to require, in many cases, an attempt to escape from a hand to hand encounter with fists, clubs, and even knives, as a justification for killing in self-defense; while it would be rank folly to require when experienced men, armed with repeating rifles, face each other in an open space, removed from shelter, with intent to kill or cause great bodily harm



http://en.wikipedia.org/wiki/Castle_Doctrine