Hello everyone and thanks in advance. Due to an unpleasant encounter with a loud, large, and racist teenager this subject came to mind. I am i n my sixties, a diabetic, and I have had heart bypass surgery. I have no desire to shoot anyone , not even this twit. This incident has prompted me to inquire about disparity of force as a reason for deadly force in self defence. thanks in advance for any insights or information. Btw I live in ohio.

http://www.dispatchpolitics.com/live/content/local_news...IOAF87O.html?sid=101 apparently Ohio becomes a "Castle Doctrine" state in November. I don't live there, so I am unsure if the Ohio law will be for only "in the house" or also "on the street" (ala Michigan).

You really should talk to an Ohio lawyer. There's a lot of things that come into play - reasonable man standard, the level of force being threatened, etc. In general, there would seem to be an issue of Bruiser McGee (6'5" and 280) were beating up Granny McSenior (5'4" and 95 pounds soaking wet). A lot depends on how your state's self defense law is written as to what the test that must be met for deadly force is - fear of great bodily harm is a common wording.

Thank you Norm,
For asking the question.
And, thank you Gator,
For your insight at how to go about checking on it.
This is something that is currently, and soon will become even more of an issue, as we baby boomers age. Let's hope the state legislatures make the right call on this. After all, we're going to be the "senior voting bloc". Hey, wait a minute? We already ARE, the senior voting bloc! Now if we could just get those helpful folks at AARP to stop advising those accosted to upchuck, or defecate themselves during an attack, we might have a chance!

Disparity in age, size, strength, health, sex; all these are evidentiary issues that go into the "reasonableness" analysis for use of force justification. It matters, a lot, but is usually not definitive. I give my CHL students a list of 15 "perceptions," all of which one should be able to articulate, if necessary, to a Grand Jury. Relative size, age and sex of the attacker and the victim (you) is one of the 15 perceptions.

Do as Gator suggests, and talk to a local attorney. If the dumbass has put you in fear for your safety on an ongoing basis, you might want to talk to local law enforcement.

quote:

Originally posted by norm:
Hello everyone and thanks in advance. Due to an unpleasant encounter with a loud, large, and racist teenager this subject came to mind. I am i n my sixties, a diabetic, and I have had heart bypass surgery. I have no desire to shoot anyone , not even this twit. This incident has prompted me to inquire about disparity of force as a reason for deadly force in self defence. thanks in advance for any insights or information. Btw I live in ohio.

You didn't state what race you are but if you're black and being harassed by a white guy it won't matter it's a "hate crime" so go ahead and blow old whitey away and you'll never do a day in jail for it. On the other hand if you're White you better watch out you'll have Jesse and Al camped out on the sidewalk in front of your house and the liberals calling for your head on the chopping block for even threatening to shoot one of theirs.

Smitty

Police Capt. Massad Ayoob is a well known law enforcement trainer, gun writer and expert witness in lethal force cases; and a member of this forum.

He has written a number of articles about disparity of force cases. I strongly suggest you go to the link below, click on the contact us button and send him any questions you have.

http://www.ayoob.com/

MOONDAWG

Thanks for the replies guys. I think I will consult an Ohio lawyer. Good advice from Gator and 38-44.Smitty, I didnt mention race because I thouht it not germaine to the purpose of this post. I think I am perfectly capable of taking care of myself if not taken by surprise. I have some miles on me and I dont piss my pants over idiots like this. I am merely concerned with understanding the legality of this situation. Thanks Moon for the website. I have it bookmarked. Norm

quote:

I have no desire to shoot anyone , not even this twit.

We'll never know how many "wouldn't pull the trigger even if there life depended on it due to statistical unliklihood.

Obtuse, but appropriate, Big Foot!

Good men are hard to find Norm.
Do your due diligence, so you can advise me what to do, should the need ever arise?

Norm, Despite haveing obtained my CCW permit in my state I opted to talk with TWO different criminal defense lawyers concerning self defense laws in my state of FL. I had circumstances that were a bit out of the norm in that I have a handicapped wife who is incapable of fleeing an attack.

Worth every bit talking with them. I knew the law but not the nuances and tendencies of the judges and prosecuters. They did. A real eye opener and not a bad one. Just reality and far better than any advice you'll ever get on the 'net.

I hope it's germane to Norm's post?
Is there a web site out there, that gives on a state by state basis, the individual states current "castle doctrine" laws?

Would you share your list of Perceptions?

Thanks

Chuck

quote:

Originally posted by 38-44HD45:
Disparity in age, size, strength, health, sex; all these are evidentiary issues that go into the "reasonableness" analysis for use of force justification. It matters, a lot, but is usually not definitive. I give my CHL students a list of 15 "perceptions," all of which one should be able to articulate, if necessary, to a Grand Jury. Relative size, age and sex of the attacker and the victim (you) is one of the 15 perceptions.

Do as Gator suggests, and talk to a local attorney. If the dumbass has put you in fear for your safety on an ongoing basis, you might want to talk to local law enforcement.