My girlfriend/legal domestic partner/future wife is on massive amounts of Coumadin (blood thinner/anti-coagulant) to manage a genetic clotting disorder. So what is not necessarily deadly force to me (punch in the stomach) could potentially kill her due to uncontrollable internal bleeding. Say we were being mugged and there were no visible weapons present but in her case I consider the BG's hands the deadly weapon. Is something like this usually taken into consideration when determining on whether a SD shooting is valid? Just curious.
Medical Complications and Deadly Force
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Yes: Eggshell skull - Wikipedia, the free encyclopedia
The general rule is that each self defense case is judged on its own merits, taking into account the totality of the circumstances. If your girlfriend needed to fire in self-defense, her medical condition would be a pertinent factor in determining whether her assailant presented a lethal threat to her at the moment she pulled the trigger.
pax
The general rule is that each self defense case is judged on its own merits, taking into account the totality of the circumstances. If your girlfriend needed to fire in self-defense, her medical condition would be a pertinent factor in determining whether her assailant presented a lethal threat to her at the moment she pulled the trigger.
pax
Absolutely. Review the concept of "disparity of force." A number of decent books on the use of force discuss the topic, including Ayoob's In The Gravest Extreme. Any competent attorney on the subject of self-defense and use of force should be able to clearly indicate what's what, regarding her condition and similar factors in self-defense situations.
Here are two articles by M. Ayoob discussing it:
Here are two articles by M. Ayoob discussing it:
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I'm not a lawyer, and this certainly isn't legal advice, but it depends.
I've heard of pacemaker patients yelling, "Cardiac Patient, Stop!" if they feel they are threatened with, what for them could be lethal force. It certainly will be a factor. If other people hear you vocalize your attempts at retreat or stopping the attack I'm of the belief that can only help you in court.
FWIW: Keep it short and simple. No full dialoge needed.
Biker
I've heard of pacemaker patients yelling, "Cardiac Patient, Stop!" if they feel they are threatened with, what for them could be lethal force. It certainly will be a factor. If other people hear you vocalize your attempts at retreat or stopping the attack I'm of the belief that can only help you in court.
FWIW: Keep it short and simple. No full dialoge needed.
Biker
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"I am very sick and I will shoot!"?
BGs take their chances.
Wonder how hard it would be to get a note from your Doctor saying you have diminished physical capacity. Whether it was a generic blanket note or specifically mentioned self defense. That could be a valuable 'get out of jail free' card to keep laminated and in your wallet, especially if it predated a shooting.
BGs take their chances.
Wonder how hard it would be to get a note from your Doctor saying you have diminished physical capacity. Whether it was a generic blanket note or specifically mentioned self defense. That could be a valuable 'get out of jail free' card to keep laminated and in your wallet, especially if it predated a shooting.
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That kind of information would be presented to the police or the prosecutor in the aftermath, but not at the incident itself.
It would not be a get out of jail free card, but almost definately would impact the case in your favor.
As to warnings...That's round #1 through #4.
If those aren't enough warnings, continue firing.
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I think it could definitly be a factor but I would bet that it would be left for a jury to decide. I doubt a DA would want to make the decision. The only thing I can say is that if I were on a jury in a case like that it way heavy on my decision.
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