Effect of illness on disparity of force

This is a discussion on Effect of illness on disparity of force within the Carry & Defensive Scenarios forums, part of the Defensive Carry Discussions category; I don't think disparity of force has anything to do with someone using a firearm for self defense. Remember, you are only justified to use ...

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Thread: Effect of illness on disparity of force

  1. #16
    Member Array mandalitten's Avatar
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    I don't think disparity of force has anything to do with someone using a firearm for self defense. Remember, you are only justified to use a firearm when your life is in imminent danger and there is no other way out.
    You typically have to prove "JOA"
    J = Jeopardy. You have to prove to the court that your life is in jeopardy.
    A = Ability. Does someone have the ability to take your life? If you have any physically disabilities, this will taken into account. Even if you are stronger, but are facing multiple attackers, then they have the ability.
    O = Opportunity. Does your attacker(s) have the opportunity to take your life? If your attacker(s) have any kind of weapon and is "within range" then he has the opportunity.

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  3. #17
    Senior Member Array Chad Rogers's Avatar
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    Many years ago the standard I was familiar with was jeopardy = ability plus opportunity plus manifested intent. All three had to be present for a LEO to be in jeopardy.

  4. #18
    VIP Member Array boricua's Avatar
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    IMHO the bottom line is, regardless of your size, health, physical fitness, etc., if you feel that your life is in danger at any given moment, you will likely use your firearm (or any other means) to defend yourself. What happens in court because of your actions is a whole different ball game. Also, I think that it will be very difficult to prove and justify your actions in court based on your weakened body due to cold/flu.
    Duty, Honor, Country...MEDIC!!!
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  5. #19
    Member Array Bkrazy's Avatar
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    Disparity of force. I think about this often. I am an amputee, but I am in better physical shape than most people my age. Do I think I could get away with the "cripple" argument? Nope. Initially it would seem to be a slam dunk, but once the DA takes a look at my everyday activities and the fact I am still active, I will be seen as the same as the jerk that got plugged. At 240 Lbs, you are gonna have a hard time claiming disparity in any situation. You are a big guy and have to put yourself in positions that are definite when it comes to guilt.
    Please take my posts with a grain of salt. I am frequently sleep deprived and always just on this side of "Krazy".

    When bad men combine, the good must associate; else they will fall one by one, an unpitied sacrifice in a contemptible struggle. Edmund Burke

  6. #20
    VIP Member Array nedrgr21's Avatar
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    Mandalitten - the "no other way out" depends on the state you're in; it's not universal. And disparity of force has a lot to do with the use of a firearm - think about a person that weighs 110# vs. someone at 300# (fit or fat).

    If it goes to trail, what counts is the jury's perception and prejudices - I learned this the hard way, it was so bad that the judge overruled the jury's decision. As big as you are, there better be multiple attackers close to your size or somebody better have a weapon and a reasonable chance of being able to use it against you.

  7. #21
    VIP Member Array varob's Avatar
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    Look at this from a jurors point of view. " The big guy shot the smaller guy because big and tall can't fight well."

    Invest a fraction of what it would cost to defend yourself in a murder trial and get some FoF or self defense training.
    Don't believe what you hear and only half of what you see!
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  8. #22
    VIP Member Array livewire's Avatar
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    Quote Originally Posted by varob View Post
    Look at this from a jurors point of view. " The big guy shot the smaller guy because big and tall can't fight well."

    Invest a fraction of what it would cost to defend yourself in a murder trial and get some FoF or self defense training.
    Yeah, that's on my list. It's been time that has kept me from doing this, but I'm about to start a job where I can actually take some time off. I call myself 'fat' half the time, but I'm not really overweight enough to play the "I'm too fat to fight" card.

  9. #23
    Member Array Lanner's Avatar
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    I actually think about this a lot. I am 5'11 150 used to be more like 5'11 190 and have been severely weakened by illness. I cant run to get away or at least not very far. I cant fight anymore, even with the training ive had I have no strength really left.

    I would definately be going the route of "officer this man threatened me with a knife, I drew, he charged, I shot to stop the threat, and could I please get an ambulance". The fact that the resulting adrenaline dump would leave me vomiting and probably having siezures and I wear a medic alert bracelet would probably work to my favor.

    I do not ever want to test that theory.

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