4 ms·

I would actually be good with Dick Cheney coming at me with a knife. I live in Texas so it would permit certain actions on my behalf.

jMyles 10y ago
Are there any among the other 49 states that don't permit self-defense when being pursued by an attacker with a knife? edit: The difference is that some states have a requirement that the defending party retreat. Got it. For my part, I imagine I'd always retreat if given the chance and if it's reasonable (ie, I'm not going to retreat and leave my family in harm's way, etc). Of course, I can't fault anyone for making a different choice; who knows how one might act in such a situation.
- afarrell 10y ago
  In some you have a duty to retreat first, so it depends on if you have a safe path of retreat.
- hga 10y ago
  None, although some have a "duty to retreat" which might come into play, especially in after the fact 20/20 hindsight trials where the prosecutor ignores the dictum of Justice Oliver Wendell Holmes that “Detached reflection cannot be demanded in the presence of an uplifted knife." In various parts of e.g. Europe, though, that would get you a prison sentence, very notably the U.K., since you would be using more force than the aggressor. The US principle is that once the threshold of lethal force is reached, other forms of lethal force in response are legitimate.
  - Robin_Message 10y ago
    UK: no it wouldn't. UK law permits 'reasonable force'; shooting someone coming at you in close quarters with a knife sounds reasonable. Shooting someone who punches you, not so much. Of course this is probably untested in court as no one here carries a gun.
    - hga 10y ago
      In practice, that "reasonable force" judgement call and the often demonstrated lack prosecutoral good will results in atrocities like this one, which was merely the first I found with a quick Google search: http://www.telegraph.co.uk/news/uknews/1461346/Five-years-in-prison-for-acting-in-self-defence.html http://www.telegraph.co.uk/news/uknews/1461346/Five-years-in... It can most certainly come up in home invasions, another article by the BBC mentioned about 11 cases in the recent past.
      - meigwilym 10y ago
        Quick googling proves little. Counter point http://www.telegraph.co.uk/news/1415373/Burglar-lawfully-killed-by-homeowner.html http://www.telegraph.co.uk/news/1415373/Burglar-lawfully-kil...
    - tim333 10y ago
      Case here of a brit shooting a burglar with an air rifle. Burglar cycled off, called the police to complain about having been shot, was given 18 months, shooter was ok with self defence http://www.dailymail.co.uk/news/article-1357901/Burglar-dialled-999-shot-air-rifle-breaking-family-home.html http://www.dailymail.co.uk/news/article-1357901/Burglar-dial...
  - Robin_Message 10y ago
    UK: no it wouldn't. UK law permits 'reasonable force'; shooting someone coming at you in close quarters with a knife sounds reasonable. Shooting someone who punches you, not so much. Of course this is probably untested in court as no one here carries a gun.

jMyles 10y ago

Are there any among the other 49 states that don't permit self-defense when being pursued by an attacker with a knife? edit: The difference is that some states have a requirement that the defending party retreat. Got it. For my part, I imagine I'd always retreat if given the chance and if it's reasonable (ie, I'm not going to retreat and leave my family in harm's way, etc). Of course, I can't fault anyone for making a different choice; who knows how one might act in such a situation.

afarrell 10y ago
In some you have a duty to retreat first, so it depends on if you have a safe path of retreat.
hga 10y ago
None, although some have a "duty to retreat" which might come into play, especially in after the fact 20/20 hindsight trials where the prosecutor ignores the dictum of Justice Oliver Wendell Holmes that “Detached reflection cannot be demanded in the presence of an uplifted knife." In various parts of e.g. Europe, though, that would get you a prison sentence, very notably the U.K., since you would be using more force than the aggressor. The US principle is that once the threshold of lethal force is reached, other forms of lethal force in response are legitimate.
- Robin_Message 10y ago
  UK: no it wouldn't. UK law permits 'reasonable force'; shooting someone coming at you in close quarters with a knife sounds reasonable. Shooting someone who punches you, not so much. Of course this is probably untested in court as no one here carries a gun.
  - hga 10y ago
    In practice, that "reasonable force" judgement call and the often demonstrated lack prosecutoral good will results in atrocities like this one, which was merely the first I found with a quick Google search: http://www.telegraph.co.uk/news/uknews/1461346/Five-years-in-prison-for-acting-in-self-defence.html http://www.telegraph.co.uk/news/uknews/1461346/Five-years-in... It can most certainly come up in home invasions, another article by the BBC mentioned about 11 cases in the recent past.
    - meigwilym 10y ago
      Quick googling proves little. Counter point http://www.telegraph.co.uk/news/1415373/Burglar-lawfully-killed-by-homeowner.html http://www.telegraph.co.uk/news/1415373/Burglar-lawfully-kil...
  - tim333 10y ago
    Case here of a brit shooting a burglar with an air rifle. Burglar cycled off, called the police to complain about having been shot, was given 18 months, shooter was ok with self defence http://www.dailymail.co.uk/news/article-1357901/Burglar-dialled-999-shot-air-rifle-breaking-family-home.html http://www.dailymail.co.uk/news/article-1357901/Burglar-dial...
- Robin_Message 10y ago
  UK: no it wouldn't. UK law permits 'reasonable force'; shooting someone coming at you in close quarters with a knife sounds reasonable. Shooting someone who punches you, not so much. Of course this is probably untested in court as no one here carries a gun.