Kansas City and its local NPR station also have their knickers in a twist. Missouri prosecutors fear ruling means deadly force can be self-defense against simple assault | KCUR - Kansas City news and NPR
Missouri prosecutors are concerned that a recent decision by the state Court of Appeals could open self-defense laws so broadly that the slightest threat of a minor attack could justify a person responding with deadly violence.
The prosecutors want to be able to Monday-morning quarterback you on the "was it really a reasonable fear" of death?
A judge prevented an argument of "self-defense" in which a defendant drew a knife. The appeals court said, that it should be up to the jury, not the judge to decide if force was reasonable.
Here is the point of law, that the Appeals Court relied on.
The Missouri Legislature changed the law on deadly force in 2007, the appeals court ruling said, allowing the use of deadly force when a person reasonably believes it is necessary to protect himself or herself or a third person “against death, serious physical injury, or any forcible felony,” which was defined as “included but not limited to murder, robbery, burglary, arson, kidnapping, assault, and any forcible sexual offense.”
And now the prosecutors are beside themselves. They actually mention that it would require them to prove "beyond a reasonable doubt" that it was self-defense. Isn't that what they are supposed to be proving?
Hat tip to Gun News Daily, and Keep and Bear Arms.
If violent crime is to be curbed, it is only the intended victim who can do it. The felon does not fear the police, and he fears neither judge nor jury. Therefore what he must be taught to fear is his victim.
ReplyDeleteLt. Col. Ret. Jeff Cooper
YES !!!
ReplyDeleteIt's the "proportionality" thing that always gets me. When I was in high school, a guy was essentially turned into a vegetable (traumatic brain injury they call it nowdays) by being shoved, falling backward and hitting his head on the curb.
ReplyDeleteIf I didn't start the fight, unless the guy is tiny and essentially there's no chance he could knock me down, it seems reasonable to me to fear serious bodily injury or death if he assaults me in any way.
It might be rare, but it happens, and that's reasonable enough for me.
When I was younger I might have felt differently, but I'm 61, 40% disabled from the VA for reduced range of motion in my shoulders and scheduled for a hip replacement in a couple of weeks. I have a reasonable fear of death or great bodily harm if you look at me to severely.
I think any act of a claimed self-defense should automatically be believed. You know, innocent unless proven guilty.
ReplyDeleteThe prosecutors would be obliged to prove the act was NOT reasonable.