Combatives UnderGround >> Justification for the Use of Force
|11/22/05 12:44 PM|
Member Since: 01/01/2001
This thread was inspired by comments on the Red Zone Instructor thread. In an attempt to keep that thread on track I thought it best to start a new one.
When faced with a life threatening self defense situation one must do what one must do in order to survive. With that being said what does your state require as justification for the use of deadly/lethal force?
For Kentucky the relevant law is:
KRS 503.050 Use of physical force in self-protection -- Admissibility of evidence of prior acts of domestic violence and abuse.
(1) The use of physical force by a defendant upon another person is justifiable when the defendant believes that such force is necessary to protect himself against the use or imminent use of unlawful physical force by the other person.
(2) The use of deadly physical force by a defendant upon another person is justifiable under subsection (1) only when the defendant believes that such force is necessary to protect himself against death, serious physical injury, kidnapping, or sexual intercourse compelled by force or threat.
(3) Any evidence presented by the defendant to establish the existence of a prior act or acts of domestic violence and abuse as defined in KRS 403.720 by the person against whom the defendant is charged with employing physical force shall be admissible under this section.
|11/22/05 1:22 PM|
Member Since: 01/01/2001
In Arizona... revised statutes
13-405. Justification; use of deadly physical force
A person is justified in threatening or using deadly physical force against another:
1. If such person would be justified in threatening or using physical force against the other under section 13-404, and
2. When and to the degree a reasonable person would believe that deadly physical force is immediately necessary to protect himself against the other's use or attempted use of unlawful deadly physical force.
(13-404 is here http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/13/00404.htm&Title=13&DocType=ARS)
Also, 13-411 applies:
13-411. Justification; use of force in crime prevention
A. A person is justified in threatening or using both physical force and deadly physical force against another if and to the extent the person reasonably believes that physical force or deadly physical force is immediately necessary to prevent the other's commission of arson of an occupied structure under section 13-1704, burglary in the second or first degree under section 13-1507 or 13-1508, kidnapping under section 13-1304, manslaughter under section 13-1103, second or first degree murder under section 13-1104 or 13-1105, sexual conduct with a minor under section 13-1405, sexual assault under section 13-1406, child molestation under section 13-1410, armed robbery under section 13-1904, or aggravated assault under section 13-1204, subsection A, paragraphs 1 and 2.
B. There is no duty to retreat before threatening or using deadly physical force justified by subsection A of this section.
C. A person is presumed to be acting reasonably for the purposes of this section if he is acting to prevent the commission of any of the offenses listed in subsection A of this section.
(note specifically B.)
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