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Originally Posted by Bob K
...I understand your concerns but I don't think there are other solutions that would protect the law abiding citizen and our right to self defense. IMO, the problem is the judge and not the law.
Personally, if I can retreat safely I'm leaving but I'm not going to turn and run and get shot in the back.
Thanks for the info.  |
I agree that I'm not going to retreat from a situation when it might cause me injury.
But as you imply, common sense, regardless of the law, should apply where the use of force is concerned.
The problem in this case is primarily the judge, as well as the Illinios law.
Quote:
Illinois(720 ILCS 5/) Criminal Code of 1961
Section 7. Justifiable use of force. Use of deadly force justified if the person reasonably believes they are in danger of death or great physical harm. Use of deadly force justified if the unlawful entry is violent, or the person believes the attacker will commit a felony upon gaining entry.
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Thanks for the excerpts
As we note, the latter part of the above excerpt appears to apply itself to acts of unlawful entry, aka: burglary/home invasion.
"Reasonableness" is key in this event.
I don't see anything in the photo that remotely implies that this idiot could have been "reasonable" in fearing for his life.
1) The shooter has the weapon.
2) No apparent "great bodily harm."
3) The initial act, even if perpeturated, was a misdemeanor or minor crime (unless they have a statute similar to Florida, that makes battery on an elderly person a felony?).
85 is correct, that we're not getting the full story, which is why I'll check later to see if the case is avaiable to the public yet?
The problem as I see it is two fold:
1) The fact that Illinois even entertains a possibility of probation for a weapons related violation.
2) The JUDGE would ignore any hint of reasonableness, and consider the taking of a life "ok" in a situation like this.
More views?