3 ms·
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 di
by hga 11y 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 11y agoUK: 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 11y agoIn 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 11y agoQuick 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 11y agoCase 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 11y agoUK: 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.