Lootifer wrote:Also question about self defense laws in the US:
[1] Are you entitled to use lethal force in self defense when you are not threatened with lethal force (i.e. is ok mto shoot someone if they are clearly attacking you with only their bare hands)?
[2] I know you can argue that bare hands is more than sufficient to kill someone, but lets, for arguments sake, assume that you know full well that you are not at risk of death, can you still use lethal force in self defense?
[3] If you are, what are the limitations on this? Can you shoot someone because they swear at you (that's still technically causing harm)?
Lootifer wrote:So its death or great bodily harm. Thats cool. Answers my question thanks.
Kind of. It depends on whether or not "excessive" force was used, and on the circumstances at that time (place, persons)--and in court, which can be ridiculous. The following is what I gathered from conversations with lawyers:
[1]
So, if you shoot and kill someone who threatens you with their hands, and if the law is on your side (e.g. self-defense), then you likely get off scot-free. But still, it looks bad because "excessive" force. They'll ask, "why didn't you try to scare him away with a warning shot? He only was 'armed' with his hands." If you say, "cuz I'm a macho man" or something stupid, then the case will look bad for you, but maybe you could still win on self-defense.
You have to provide a convincing case that your life was threatened, and that therefore you acted correctly (e.g. "I'm an old feeble man." or "I just got out of surgery and/or have this permanent injury, therefore I can't run very well," and/or "A warning shot? He threatened me, I was scared, I couldn't think clearly, he was approaching quickly, and he
could have had a concealed weapon."** etc.). (It also helps to play on people's feelings--moral rhetoric!, e.g. "I have a wife and kids, so I can't risk my life. The loss to my family would be devastating. [insert more Court Drama]).
**It's worth noting the difference between 'at that moment' and hindsight. Many people forgot about that distinction--e.g. those regarding the Zimmerman v. Martin case.
In other cases, you might be charged with something like manslaughter---if you failed to provide a convincing enough case to excuse your action.
In other cases, you might be charged with attempted murder, or "extreme" battery (whatever it's called). For example, if you don't kill them, then you could face a worse scenario: your story v. his story. Assuming no other testimonies, camera surveillance, etc.--which range in helpfulness to your defense, then you could be in even more trouble. So, even if you were rightfully defending yourself, you could be royally screwed because lying in court can be very profitable (iirc, polygraphs are inadmissible as evidence in court). Sometimes, the law doesn't matter as much--so it helps to attack/defend one's character + using other factors advantageously.
Place matters. The law is generally on your side if you kill someone in your house. If they're on your yard, then you're marginally losing the law in your defense. Shooting them in the back doesn't look good either (lol). Places that serve alcohol aren't good. "Gun-free" zones aren't good for your case. If you're in your car, then that helps. If you get outta the car, that might not help (depends on other variables). If you're in a neighborhood which has a lot of crime and drugs, and you're from a nice, uppity rich neighborhood, then that's questionable (e.g. being suspected of buying drugs).
Image matters, so play cognitive bias to your advantage. For example, looking good in court can work wonders. Depending on the jury "of one's peers," things can go poorly or very well--even if the law is on your side, and you did the right thing.
[2] "you know full well that you are not at risk of death"
That's never really known because people can be very surprising. But, if you say that in court, and if you used lethal force in self-defense, then it doesn't help your case.
Oh, most importantly, in these matters, it really helps your case if you were physically attacked
first, so sometimes, even a verbal threat might not be sufficient (But if they pull out a lethal weapon, or there's more than 1 of them, then that changes things).
[3]
Anyway, more to your question, in some states, e.g. Texas, there's the "them's fighting words" clause, where if someone verbally accosts you so viciously, and you eloquently respond with a fist to their face, then you'll probably not be charged with anything. If you beat them to a bloody pulp, and you're hardly scratched, then that may not look good for you in court. So, verbal 'harm' may count in some States, but I think in most States, 'who hits who first' matters a lot more.
Shooting the insulter would count as excessive force. You'd get either manslaughter or murder--depending on how much premeditation there was (among other factors).
And there's more.
"Mitigating circumstances" is a useful phrase I forgot.
There's also that saying. If the law is on your side, then argue the law. If the law isn't, then argue the facts. (And jokingly), if neither the law nor the facts are on your side, then yell very loudly.