Originally Posted by
The Weasel
John:
First, the duty to retreat - which, despite 'manhoody' SF medics' beliefs to the contrary, survives largely intact in all 50 states - permits reasonable force for self-protection once retreat is no longer possible. "Deadly" force is only "reasonable" if one has a legitimate/reasonable belief that one is threatened with death or serious bodily injury. Thus, if a 14 year old girl is hitting your chest with fists in anger and your back is to the wall, bear spray or a choke lock is going to be 'reasonable,' but shooting her is going to get you a charge of some kind of manslaughter or murder 2. Similarly, if someone pulls a knife at you on the trail, while they are drunk and staggering, 15 feet away, and you're sober with boots on, doing the Indy Jones gun trick on him is also going to get you charged.
Second, the 'duty to retreat' - which has lasted for 500 years or so, so it must not just be a 'lawyer thing' - serves a very important public interest of making sure that "victims" really are victims, and of preventing fights rather than encouraging shootouts (or knife fights, or whatever). Thus, there are no small number of situations where the attacker, when the "victim" responds in kind, actually succeeds in convincing the authorities (sometimes with the help of witnesses on his side) that he was the one that was attacked. Encouraging people to 'back away' from fights minimizes this. It also, by discouraging fights, maintains public safety for both people (and others, who are often injured by wild shots, including injuries from knives). In short, it's not there to help lawyers make a living (no lawyer can make a living on that kind of case, either), but to protect the public from testosterone-overloaded people who are looking for a fight.
And that's how it sounds here: All this noise is back-and-forth about "I'm really, really, really tough, me and my knife/1911/dagger/numchuks/pet gopher that anyone mess with me, they gonna hurt!" It's WWE-style nonsense, basically a genetic remnant of monkeys screeching at each other. Are there occasions when someone defends themself for real with a weapon? Yes, but far more rare than Fox Cable wants you to think. Are there some of those occasions which couldn't have been avoided? Even fewer. Are there far more occasions when people get hurt by joining a fight? Yes.
Sorry. Ben Stiller and Robert Downey sort of ruined it for the "We bad" crowd, I know. And the movie was bad, too.
TW