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>“What this bill is focused on is someone who goes out in public, picks a fight — and when the victim responds — they shoot them and claim self-defense,” Zbur t
by viccis 2y ago
>“What this bill is focused on is someone who goes out in public, picks a fight — and when the victim responds — they shoot them and claim self-defense,” Zbur told CalMatters.
Is there any evidence this happens with any regularity there?
- danielvf 2y agoGoing out and starting fights is already a self-defense disqualificaiton in Californa. To quote the current official California jury instructions and legal commentary: "No Defense for Initial Aggressor: An aggressor whose victim fights back in self-defense may not invoke the doctrine of self-defense..."
- euroderf 2y agoI read this as, the victim (.e. the initial defender) is free to escalate.
- lazide 2y agoOf course - there is no requirement to retreat. Which makes sense. If I’m in my home, or car, or whatever - and someone tries to do a home invasion, or carjack me, it’s utter lunacy to expect someone to be all ‘oh no’, and have to give it up unless they want to do so.