Thread: Hypothetical
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Old 10-12-2018, 08:37 AM
ispcapt ispcapt is offline
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Be careful when you read your state statute and think "use of force" means any type of force. That is often not the case. Statutes often specify when "use of force" can be used and when "use of deadly force or force which may cause great bodily harm". Those are completely 2 different standards. Usually just the wording "use of force" does not include use of deadly force or force which may cause great bodily harm. Often times untrained people will read a statute that says "use of force" and they assume that means they can use any force necessary including deadly force. Not so. If you aren't really trained and familiar with reading and understanding statutes then don't assume what you read is really the statute. Often in another section will be something more relevant and applicable. Too often a person reads what the first thing and assume that's all there is to it or they only read what they want or think their statute says.
For example, here's IL's statute. Note the difference:
Sec. 7-1. Use of force in defense of person.
(a) A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to defend himself or another against such other's imminent use of unlawful force. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if he reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or another, or the commission of a forcible felony.

Note that it's not just any felony. It specifies a forcible felony. That is another error untrained people make. They do not know the difference between a felony and a forcible felony. Most felonies are not forcible. A second DUI offence is a felony but use of deadly force is not justified. Shoplifting or writing a bad check for $300 of merchandise is a felony but deadly force is not justified. Felony is not the same as forcible felony.
Also, just because a statute still remains on the books does not mean the statute is in force. Court rulings may have made a specific statute unconstitutional and therefore invalid. That ruling does not automatically remove the statute from the books. It takes the legislature to remove the statute. That's just an administrative matter. However, the court ruling makes the statute unenforceable and illegal.
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Last edited by ispcapt; 10-12-2018 at 08:46 AM.
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