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Glossary: 7 Rules for the Justified Use of Deadly Force
Immediate and Unavoidable Danger
Reasonable Fear of Death or Great/Grave Bodily Harm
Innocent Party
No Lesser Force Available
No Reasonable Means of Retreat or Escape
Indication of Intent to Cause Harm
Weapon and Delivery System
Introduction to the Use of Force.
In an unpredictable world, the need for self-defense can arise suddenly and without warning. Understanding when and how to use deadly force is not just a matter of personal safety; it’s a critical legal and moral responsibility. This checklist is designed to help you navigate the complex and often perilous decisions that come with defending yourself or others in life-threatening situations. By adhering to these seven rules, you can ensure that your actions are justified, lawful, and necessary.
1. Immediate and Unavoidable Danger
Deadly force may be used only when there is an immediate and unavoidable danger of death or great/grave bodily harm to an innocent person, where no other option exists other than the use of deadly force. The situation must present an immediate threat that leaves no room for hesitation or alternatives.
Example: If someone is charging at you with a knife, and there’s no possible way to escape or subdue them without using deadly force, this rule is satisfied.
2. Reasonable Fear of Death or Great/Grave Bodily Harm
You must be reasonably in immediate fear of death or great/grave bodily harm to yourself or another person. This fear should be based on the circumstances, perceived actions, and intentions of the attacker.
Example: If an assailant is brandishing a firearm and threatening to shoot, the fear for your life or serious injury is reasonable and immediate.
3. Innocent Party
You must be an innocent party. The use of deadly force is only justified if you are not the aggressor or participating in illegal activities that contributed to the situation.
Example: If you are attacked while walking home from work and you have not provoked the attacker in any way, you are considered an innocent party.
4. No Lesser Force Available
There must be no lesser force that is sufficient or available to stop the threat. If you can subdue or escape the threat without using deadly force, you are obligated to do so.
Example: If you are being attacked and have a clear opportunity to use a taser or pepper spray to incapacitate the attacker without lethal means, you should use those options first.
5. No Reasonable Means of Retreat or Escape
You must have no reasonable means of retreat or escape. If there is a safe way to avoid the conflict, such as fleeing the scene, you must take it instead of using deadly force.
Example: If you are cornered in an alley with no exit, and the attacker is blocking your only way out, then you have no reasonable means of retreat.
6. Indication of Intent to Cause Harm
The attacker must have indicated his or her intent to cause great bodily harm or death to you or someone else. Intent can be shown through actions, threats, or clear indications of their plan to harm.
Example: If an attacker verbally threatens to kill you while pointing a weapon at you, their intent to cause harm is clear.
7. Weapon and Delivery System
The aggressor must have a conventional or unconventional weapon capable of inflicting great bodily harm or death. Additionally, the attacker must have a means of using the weapon to inflict harm. This means the attacker is within a distance or has the capability to use the weapon effectively against you.
Example: If an attacker is holding a gun or a bat and is within striking distance, they have both the weapon and the delivery system necessary to cause serious harm.
These guidelines are critical to ensure the justified use of deadly force. Always remember, the use of deadly force should be a last resort, only employed when all other options are exhausted, and you are left with no other means to protect yourself or others from immediate harm.
Conclusion
Understanding and applying the rules for the justified use of deadly force is crucial for anyone who may find themselves in a life-threatening situation. This checklist provides a clear framework to ensure that your actions are both legally defensible and morally sound. Always remember, the use of deadly force should be the last resort, employed only when all other options are exhausted and immediate danger is unavoidable.
By following these guidelines, you not only protect yourself and others but also uphold the principles of responsible and lawful self-defense. Stay informed, stay prepared, and always prioritize safety and legality in every self-defense scenario.
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Author: Sam Maskell, Co-Founder Relaxxd Fit Tactical.
8/24
(ANY LEGAL QUESTIONS SHOULD BE ASKED TO A LAWYER, INFORMATION GATHERED FOR THIS BLOG WAS GATHERED FROM USCCA)
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