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It is a phrase you hear often. And its simplicity begs for simplistic analysis. If all violence is bad, then violent response to violence only makes a negative situation worse. At least, that is the easy path of the gun grabbers giving themselves an undue sense of moral superiority. Of course, a submissive response to violence is exactly what the criminal is hoping for. By providing it, the victim gives a positive reward to a negative behavior. The perpetrator learns that his actions produce desired outcomes. On the other hand, overpowering force as a reaction by a victim is a negative response, in the criminal's eyes. He may learn that his chosen profession is unpredictably dangerous. Or his profession may be ended by a well prepared victim. Either way, violence as a response to violence can have a positive effect on society and its safety. I do not mean to advocate that every victim fight back in every situation. The victim must analyze his physical and mental capabilities compared to those of the perp. If the victim's violent response only incites the perp to greater violence, the victim will suffer the consequenses. On the other hand, if the perp already intents to kill the victim, then every amount of violence a victim can muster is morally required. Now, on the legality of overpowering force: First and foremost, a victim's response must be measured against the level of violence initiated by the perpetrator. A victim can not shoot a perpetrator starting a fist fight. But if that perpetrator then pulls a deadly weapon, the escalation by the perp should be met by an unrestrained response. Additionally, violence can only continue so long as the threat exists. Once the threat is neutralized, the victim's force must end or he risks becoming the perpetrator, in the law's eyes. Mental Preparation is key. Are you mentally prepared to accept the consequences of your actions? An armed victim is a danger to themselves if they are unprepared to pull the trigger. If you can't use a tool, do not carry it. At what point do you escalate to deadly force? When the perp pulls a fist? brass knuckles? a knife? a gun? A seventy year old, 5 foot 2 women should answer these questions differently than a twenty year old, 6 foot 4 body builder. How do you answer them? Those are just my thoughts. As always, I am not a lawyer. I can guarantee that specifics vary from state to state and locality to locality. One part of your self preparation should include time educating yourself on laws in your area. If my ideas land me in front of a jury one day, at least I am alive to be there.
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Written by alandp on 2007-06-21 19:24:22 I do not agree that I can not use lethal force against someone attacking me with his fists. Fists can most certainly be lethal weapons, and bullies who go around busting people up for no good reason need to learn that they get themselves killed with that behavior. The first case of a CHL holder here in Texas using his arm for lethal self defense was against someone who was attacking him with nothing but fists. The Dallas district attorney charged him with murder, but when he went before the grand jury, they decided he acted appropriately and refused to indict him. The victim in this case, that is, the person who defended himself with a firearm, suffered permanent nerve damage to the left side of his face because of this attack. How many more punches would it have taken to permanently disable or kill him? Fortunately, we don't know, because he justifiably killed his attacker. |
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