Defensive situation while intoxicated
This is a discussion on Defensive situation while intoxicated within the Carry & Defensive Scenarios forums, part of the Defensive Carry Discussions category; Originally Posted by Jcabin
COMMON SENSE PEOPLE.
Bottom line: in a state where judgment is at issue in a person's defensive actions, any drinking will ...
June 24th, 2009 02:48 AM
Bottom line: in a state where judgment is at issue in a person's defensive actions, any drinking will be questioned as to whether/how it impacted judgment.
Originally Posted by Jcabin
That's also common sense.
Nothing more. Nothing less.
None of this is to say it magically turns a good defensive action into a bad one, merely because of booze. It's only to say that the booze may well become a sticking point where one's justifiability hangs on a reasonable person's judgment and where "Castle" law doesn't hold.
June 25th, 2009 09:46 PM
The bar for the use of deadly force is the same if you have been drinking or not.
"Would an ordinary person feel that his life was in danger"
If the answer is yes, whatever force deemed necessary by the actual person is justified, up to and including the use of deadly force. Period.
June 26th, 2009 03:18 AM
When judgment is part of the laws applicable to a person's actions, such as in a state that looks to the "reasonable man" standard for determination of when lethal force is justified, anything that affects judgment (ie, drinking) is almost certain to be a relevant question and to be asked. "Period."
Originally Posted by Manan
June 26th, 2009 04:54 PM
Originally Posted by HotGuns
Considering the scenario mentioned, in an effort to protect my family I would still shoot in heart beat. I may have to deal with the fall out but atleast my family would still be alive. You never know what that crazed person will do. If they had the balls or lack of sense to bust in the door, they are up to no good and they have a plan.
June 26th, 2009 05:12 PM
A situation like this is exactly why my idea of a "wild night out" is a second beer...at least two hours after the first...and I weigh 235 lbs. I have spend too much time getting ready for "go time" to porkchop it and let my family get hurt or killed because I decided to booze it up or to give some liberal weinerhead DA willing to toss me to the wolves for votes later a freebie.
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