Thanks.
Tant is right in that the WHEN-force-has-to-be-used factor a lot of times outweighs the HOW factor. Remember also that, as in most areas of the law, a judge has to decide based on what a "reasonable person" would have done. And, as I learned since law school, the reasonable person is a big fat boring pussy. I haven't come across a judge who understands the value of a preemptive attack or who casts a friendly eye towards weapons.
The only contrary example I have is when I was doing bail court just starting out in New Jersey. This Asian kid got jumped by three bigger guys (non-Asians), the kid pulled out a knife and wounded (non-fatally) his assailants. When the judge got to the case, he couldn't believe it. He said: "why is he being charged with possession of a deadly weapon? I carry a knife... does that make me a criminal?" He obviously saw that the kid's reaction was proportional to the attack. I love that judge, BTW, he allegedly knocked out a police officer who insulted him in front of his family. If you're lucky enough to have a judge like this, go ahead. Otherwise I wouldn't take my chances.
|