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Use of Force

Discussion in 'GATE Self-Defense Forum' started by USAF 94535, Dec 19, 2010.

  1. USAF 94535

    USAF 94535

    140
    0
    Dec 7, 2010
    Travis AFB
    Mas,

    Before I joined, I read a few some of your replies and saw some interesting things. I have been trained in the use of force 3 tied 5 color model for years in the military. I wondered about an issue for my younger brother, he is 22 5'7 125 lbs, a skinny looking kid. If he is out numbered or has a larger 6 foot 200lb plus guy surrounding or attempting to attack him but with no weapons does he have the right to lethal force.

    In the past I've heard (but not investigated to gather its validity) instances where a female with a male who has larger size but with no weapon has used lethal force and been justified. From my training it has always been if the assailant or assailants have no weapon we need to use less than lethal but we have oc, a baton, taser and even back up but a civilian in a situation like I've described does not have all those options. So would my little brother be some what justified in some sort of lethal force.
     
  2. Mas Ayoob

    Mas Ayoob KoolAidAntidote Moderator

    4,683
    356
    Nov 6, 2005
    This issue is a subjective element called Disparity of Force. The standard is, would a reasonable and prudent person conclude that if the assault continued, the assailant was so much stronger or more highly skilled in unarmed combat that even without weapons he was likely to kill or cripple the intended victim.

    It's worth anyone's time to go to a legal library (there's generally one in the county court building at every county seat, accessible to the public) and have the librarian look up the relevant statutes and caselaw on not only disparity of force, but "assault," "homicide" at its various levels, "aggravated assault," and "self-defense." This will give a better sense of how it is looked at in the given state.

    best wishes,
    Mas