From: Dale Thorn <dthorn@gte.net>
Date: Tue, 31 Dec 1996 00:19:48 -0800 (PST)
To: Igor Chudov <ichudov@algebra.com>
Subject: Re: (Fwd) Re: Mr. May's Posts.  Other Things.
In-Reply-To: <199612310512.XAA01985@manifold.algebra.com>
Message-ID: <32C8CB9D.3064@gte.net>
MIME-Version: 1.0
Content-Type: text/plain


Igor Chudov @ home wrote:
> Ross Wright wrote:
> > On or About 30 Dec 96 at 18:03, Blanc Weber wrote:

> > Yes, part of that "higher standard" is to keep your fucking mouth
> > shut about that piece in your sholder holster.  Those that brag that
> > they are packing and won't hesitate to use it are usually those that
> > freeze under fire or snap at the workplace.
> > A true shooter shut's the fuck up and if needs be, let's the weapon
> > do the talking when the time is right.

> I think that legally, if someone who is simply slapped in the face and
> is feeling no danger to his life (ie, if the slap is sort of theatrical
> and it is obvious) shoots the slapper, he may be charged with some sort
> of crime. I would appreciate if lawyers on this list commented on
> whether shooting is or is not appropriate in this case.

Forget the law.  If you don't plea-bargain, you have to face the jury.

What's the jury gonna do?  Depends on a mixture of their own knowledge
and feelings, and whatever instructions the judge gives them.

1. Your state of mind re: defending yourself will influence the jury.
2. The judge's instruction as to necessary force will influence them.
   (Understand that your situation is not the same as a police officer)
3. The jury's decision about whether your actions were appropriate,
   based on what they think your options or rights were.

Juries do not, in my memory, let people off the hook when they shoot
a person who is suspected, say, of raping their child, as the woman
did in (the Bay area?) a couple years ago.

OTOH, juries do sometimes allow pretty amazing extenuations.  The case
in Meigs County Tenn. circa 1986-87, when the man in the bar was being
harrassed by acquaintances - he went out to his truck, got some guns,
and came back in and blasted two or three guys.  He got off clean.