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When force isn't justified
Arizona law generally allows a person to threaten and use physical force to defend themselves from an attacker, but there are some caveats.
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Wenker said self-defense can be justifiable in the latter situation if the person who provoked the incident tries to diffuse and leave the situation but continues to be physically attacked. The level of force one uses to defend themselves also has to be "reasonable."
"Like the proportionality with self-defense, you can only use deadly force if you're facing a deadly threat," Wenker told The Arizona Republic. "So if someone punches you, you can't say, 'Oh, I thought my life was in danger, so I shot him in the face.' But if they pull a gun on you, that's permissible."
Wenker also said the threat against someone has to be imminent — as in a person could be harmed within seconds unless they do something. A threat of being beaten the following day doesn't warrant a preemptive strike under Arizona law.
And if someone — a burglar, for example — attacks a person in a place where they're not allowed, self-defense is not a justifiable claim.
"Once you do get to that point where you pull the trigger, it does have to be reasonable, and you do have to be facing an imminent threat of death," Wenker said. "So you can't just say, 'Oh, I'm going to shoot you if you don't leave,' and then basically use that as an excuse to lower the bar to allow you to shoot them."
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Jordyn Raimondo, an assistant attorney general at the Arizona Attorney General's Office, said she considers the same factors as defense attorneys when judging whether a self-defense response was appropriate.
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Richelsoph said people often ask him if they can shoot someone who hopped the fence into their backyard. He cautioned against using deadly force unless absolutely necessary.
"Those kinds of questions, you really shouldn't be eager to shoot somebody," Richelsoph said. "The purpose of the self-defense laws are to protect yourself if you're in danger or somebody you care about is in danger."
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"If the police shoot the bad guy, they're not going to have any problems," Richelsoph said. "If you shoot the bad guy, there's going to be potential problems for you whether you're justified or not."
Self Defense and Arizona Attorneys
originally posted by: JBurns
No accountability for the cowardly democrat subhuman that took this actual person's life
originally posted by: JBurns
Maybe the dirt bag who ate a fire extinguisher was involved who knows
originally posted by: UniformKilo
a reply to: JBurns
Obviously your avatar is for show only and you have no idea of point of lethal force. Once she tried to get into the chamber use of lethal force is authorized by the boys in blue who you sarcastically salute in your avatar.
That leaves the door completely unguarded; the officer fires once into the crowd
www.dailymail.co.uk...
"Let's make sure we show up wherever we have to show up. And if you see anybody from that Cabinet in a restaurant, in a department store, at a gasoline station, you get out and you create a crowd. And you push back on them. And you tell them they're not welcome anymore, anywhere. We've got to get the children connected to their parents," Waters said at the Wilshire Federal Building, according to video of the event.
www.cnn.com...
originally posted by: neutronflux
a reply to: JBurns
That leaves the door completely unguarded; the officer fires once into the crowd
www.dailymail.co.uk...
That is an illegal act.
Maybe some conservatives were just applying congresswoman Maxine Waters tactics......
originally posted by: AugustusMasonicus
a reply to: Skooter_NB
It's apparently not illegal, the person who shot her isn't going to be charged.
What is illegal? She was the first person to attempt to get through a door that the crowd broke down in an attempt to halt halt government business.
Additionally, at the end of the hallway were lawmakers, representatives of the entire nation, that were defenseless save for the cops who were standing between the rioters and them.
Should Babbitt have, before going in, announced that she was there to not murder anyone?
Sorry, but when people storm a public building the cops have a right to defend it.
Do you not have the right to defend your home if someone illegally enters and you are unable to ascertain how far they will go with violence?
originally posted by: neutronflux
a reply to: Skooter_NB
You
What is illegal? She was the first person to attempt to get through a door that the crowd broke down in an attempt to halt halt government business.
Like a long list of past disruptions at the Capitol?
What is the force action plan for the Capitol, and what is listed as when lethal force is authorized?
Additionally, at the end of the hallway were lawmakers, representatives of the entire nation, that were defenseless save for the cops who were standing between the rioters and them.
One unarmed person was a threat to a group? With an armed escort?
Is it true I posted that lethal force is not authorized to disperse a crowd? Is that a false statement concerning lethal force is not authorized to disperse a crowd.
Why did the cops literally standing face to face with Babbitt stand down if she was still a credible threat to anyone?
You
Should Babbitt have, before going in, announced that she was there to not murder anyone?
She was unarmed with her hands encumbered with climbing through the window of the door. Law enforcement had every right to push her back through the window. But not with lethal force. Unless she escalated the situation.
And I believe the “group” Babbitt was trying to “get to” was removed from the area before Babbitt climbed through the door window. Is that a false statement.
Sorry, but when people storm a public building the cops have a right to defend it.
List one building lethal force was authorized to defend this summer. Including armed police precincts. That set a precedence this summer.
Now list when “cops” have the right to use lethal force on an unarmed person.
You
Do you not have the right to defend your home if someone illegally enters and you are unable to ascertain how far they will go with violence?
Apples and oranges as this summer proved.
Law enforcement with clear rules for lethal force, like lethal force is not authorized to disperse crowds , and being in a federal building with rules to prevent excessive force is very different than home defense laws.
possibly armed insurgents
Those Capitol police that moved aside were unarmed and faced with a massive crowd intent on destruction and violence.
Capitol and local official buildings themselves are apples and oranges.