View Single Post
  #176  
Old 07-12-2007, 08:24 PM
Vagos Vagos is offline
Senior Member
 
Join Date: Nov 2003
Location: Relegated to the #2 Seed
Posts: 944
Default Re: The difference between being coerced and coercing

[ QUOTE ]
[ QUOTE ]
[ QUOTE ]
What if the gun has real bullets, but they don't work properly?

[/ QUOTE ]

Good point, I meant to ask something along these lines. Like what if the guy unloads on me but completely misses? He hasn't attacked me yet according to Jogger (he could have been shooting at the wall behind me, who am I to know his intentions?!) so unless I let him reload and try again, I'd be the one to INITIATE the violence right?

Edit: Question is meant for jogger, I agree with your points Nietz.

[/ QUOTE ]

This is (if we take out all the silly exaggerations) a pretty decent question. Not just for AC v. State, but in everyday life.

At what point have the rights (let's assume we agree on the rights to one's person and the safety thereof) of a person been imposed upon. I tend to favor the common sense explaination here, but attempting to apply it as law (AC or state law) is trickier because sense really isn't that common.

If a man shoots near you, but is shooting at the wall behind, then one could argue he's threatened you, and that he has a responsibility to caution those inbetween his gun and his target. But that may not be the opinion of everyone. Do we have any metrics that can be used across the board here?

Cody

[/ QUOTE ]

I think it's just common sense and social norms. How often is a stranger going to start opening fire at the wall right behind you? I don't know if I've ever heard a story where there was a mistaken self-defense shooting because the perp was taking target practice at a wall that a person was standing in front of.

Of course, according to Jogger, since we can't read minds, the only way to deduce an initation of violence is when the bullet enters the body. In the wall example, what if his intention IS to hit the wall, but he hits you in the arm instead? Are you free to pull a gun in self-defense and shoot him or would this be an initiation of violence on the innocent target practice shooter. Better let him keep blasting so you can deduce what his true motives are before you decide to act.