Disagreement with a Law Prof on Self-Defense--Help Me Argue

[CAS700850]

patentnononsense is right. Here in Ohio, commission of a felony on your property is not enough. You must establish that you were in fear of imminent serious physical harm or death before the law allows you to pull the trigger.

As an aside, Ohio law doesn't have anything concerning "shoot to kill" vs "shoot to maim", whatever that may be. Deadly force is deadly force, and a gunshot is deadly force. The outcome of the shot only makes a difference if you weren't justified in the first place.

 

[Langenator]

Furthermore, when you prevail, the plaintiff-felon who brought the suit will be further punished by restriction of prison privileges.

Gee, I'd rather he (or, I held up my end of the deal, his estate) pay for my legal bills. I could care less if he loses his cigarette priviledges.

 

[Old Fuff]

Flyboy:

>> She said, however, that the courts have "interpreted" (I hate that word!) those laws differently, and offered to find cases to that effect. <<

Ask her to do so. Since you are making an effort to justify your position I think it would be proper for her to do the same.

I would like to see her citations too. I have no doubt that some court "interpreted" things her way, but what were the circumstances, and were any of these decisions reversed by a higher court?

 

[Desertdog]

"Shoot to maim" my a**. If you shoot to maim me; and do, I will sue you in civil court for deliberatly maiming me. Your own admission of trying to maim me would be my main evidence.

Chances are, at least in PRK, I would win since it was a deliberate act of causing me lasting pain and physical problems.

If you "shoot to stop" and I was only maimed and not killed, the evidence would be on your side since you had "only tried to stop" me.

If you "shoot to stop" and kill somebody, your defense is "you were trying to stop, not kill".

I am used to the PRK thinking when I say this.

This is the only state, that I know of, if you put a "Bad Dog" sign on your fence and somebody comes into your yard and gets hurt, they will hold it against you as you were aware of the danger your dog presented.

Go figure.