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If in Kansas Shoot, Don't Warn Your Attacker By SL4Drew - 10-23-2009 07:36 PM

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Here is basic rule announced: "The issue presented is whether a defendant must use actual force to justify a jury instruction on self-defense. We answer this question 'yes.'"

And here is what the dissent said: "Consider the following example. One evening, a large man approaches a woman in a menacing manner and threatens, "I'm going to hurt you!" Worried for her life, the woman takes a gun from her purse, points it at her assailant, and says, "Stay where you are!" The assailant turns and runs."

"Assume for the sake of the example that the woman is subsequently charged with aggravated assault. While she successfully repelled her attacker with constructive force, she is not entitled to a self-defense instruction according to the majority opinion. Had she actually shot her assailant, she may very well have been entitled to that instruction under that same rationale."

So, in Kansas if you merely warn someone, rather than shoot them in self defense, then you have become the criminal....go figure.

http://www.kscourts.org/Cases-and Opinions/opinions/SupCt/2009/20091023/97323.pdf


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