in625shooter
Master
- Mar 21, 2008
- 2,136
- 48
Speaking as a non-LEO, who supports the right for LEO and non-LEO to defend themselves using deadly force, if a threat presents itself that justifies the use of deadly force, I couldn't care less if one round or an entire magazine is needed to stop the threat. Once the assailant forces the victim to make the the my-life-or-deadly-force decision, the assailant is responsible for what happens in order to stop the threat he presents*. If that means a mag dump, so be it. That could happen because the threat refuses to go down, or merely because the life-threatening situation adrenaline rush induces the victim to fire until empty.**
(I'll probably not get through voir dire in any self-defense trial ever, will I?)
* As the 5th DCA so famously said: "That the attacker sustained a mortal wound is a matter that should have been considered by the deceased before he committed himself to the task he undertook." (Stinson v. State)
** To the NSA: please note that I'm talking about stopping the threat, using morally and statutorily justified deadly force. Obviously, if the assailant ceases to be a threat, the justification for deadly force changes.
It shouldn't matter but depends on a particular scenario. There is a difference on if the person is laying there incapacitated and getting extra rounds thrown into them and one that is still weapon in hand etc etc etc. Because after the threat to the person using deadly force ends so should the force, in theory. In reality it can look bad when someone is shot 15-20-40 times to the unwitting person that has no realm of self defense and the use of force continuum. There was a case several years ago (don't remember the name) with a LAPD Officer that the DA didn't charge but in a civil trial it looked like he was going to get hammered. The suspect was shot in the back a couple of times. The defense team brought in an expert witness (a neurologist that studied the human brain and it's effect on physical abilities) What saved the Officer was the bodies ability to turn around and move. The team proved the perp at the start of the Officer engaging (the perp had a halloween costume on with a fake handgun out) the perp did what most anyone would do and that was turn to get away. The perp had a wound or 2 in the front and then a couple in the back. Obviously the wounds to the back is what the media and family pointed out. The defense team proved that it takes about a second for a reasonable person to realize what is going on and another second to react to it which a lot of trigger pulls can happen in 2 seconds.
So while to some on the outside what looks excessive really isn't in most cases. Those in a similar situation use this judgement as well as similar case law to dispel any lawsuit.