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Re: Re: Re: Re: Tractor flips
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Posted by Steve(OR) on June 30, 2004 at 14:22:26 from (158.48.6.9):
In Reply to: Re: Re: Re: Tractor flips posted by Keith-OR on June 29, 2004 at 19:56:11:
Kieth-OR, I hope none of us ever a chance to test your legal theory regarding deadly force to stop the commission of a felony. While the courts have been hesitant to read your mind regarding the reasonability of your beliefs regarding the intent of intruders inside your home, a burglar fleeing on a tractor hardly constitutes a self defense situation. The law does allow physical force to prevent a felony but not deadly force, unless a confrontation escalates to the level of life and death. According to what I've learned in self defense courses, there are 3 criteria for a reasonable belief: 1-The bad guy must have the means to cause injury (ie. He must have a knife) 2-The bad guy must have the ability to use it (He must be within striking distance with the knife. This is where the supposed 21' 'rule' comes from) 3-The threat must be imminent (If he is asleep with the knife in his hand next to you there is no imminent threat.) Here is an excerpt from the current Oregon Revised Statutes: 161.255 (2) A private person acting under the circumstances prescribed in subsection (1) of this section is justified in using deadly physical force only when the person reasonably believes it necessary for self-defense or to defend a third person from what the person reasonably believes to be the use or imminent use of deadly physical force. [1971 c.743 §31; 1973 c.836 §339] Anyone considering using deadly force should spend some time reading the laws and getting some further education. While I can't speak for other states, Oregon won't let you shoot a fleeing felon absent an imminent threat of physical injury or death. Regardless of what others have posted I suspect their states have similar laws regarding the use of deadly force.
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