sarisataka
sarisataka's JournalSelf defense questions
There have been several incidents in the news lately where the initiator of a physical struggle has been injured or killed and/or third parties injured. This creates a whole series of questions about self-defense that have been addressed in law may deserve to be revisited.
Edit to add> I am not so much asked what the law is but what it should be
Assuming an unprovoked physical assault:
-is there a right to self-defense?
it has been suggested that "it is better to be a victim than to risk escalating situation"
-is there a right to use lethal force?
can a victim defend themself proportionally if the assault has the potential to cause serious bodily harm
-does lethal force include the use of a firearm?
may the victim use a knife, baseball bat, car, any other improvised weapon but not a firearm due to the greater risk of lethal injury
The answers to those lead to two additional questions:
-If the answer to any of the above is no, at what point does the victim become responsible for the wellbeing of their assailant?
essentially at what point does the paradigm reverse and the assailant becomes the victim
-Even if all of the above are answered yes, who is responsible for any injuries to third parties?
will the assailant always be responsible for any injuries as those injuries would never have occurred without their illegal action, or may the victim take on responsibility even though the injury to a third party was done inadvertently while protecting themself
Video surfaces of high school football players burning pride flag: 'Please hold these students accou
Two football players were indefinitely suspended from their school team for distributing and shooting a video of a burning LGBTQ pride flag on Snapchat.
The students, from Kearns High School in Kearns, Utah, made the video in which someone is heard laughing and saying, All gays die last week, according to Fox 13
While the students were immediately removed from the football team, Granite School District officials are still determining what measures need to be taken beyond athletics.
A Unified Police Department spokesperson tells Yahoo Lifestyle that while a report about the incident was filed with police, they will not be investigating the issue as a hate crime, as Utah law considers hate crimes as enhancements to criminal offenses. According to the spokesperson, Burning a flag is not a crime its a freedom of speech issue, and the school is handling it.
https://www.yahoo.com/lifestyle/video-surfaces-of-high-school-football-players-burning-pride-flag-please-hold-these-students-accountable-165809589.html
1st woman to take command of a US Army infantry division
The California National Guard has announced the appointment of the first woman to lead a U.S. Army infantry division.
Brig. Gen. Laura Yeager will take command of the 40th Infantry Division on June 29 at Joint Forces Training Base in Los Alamitos, California.
Yeager currently commands Joint Task Force North, U.S. Northern Command at Fort Bliss, Texas.
https://www.yahoo.com/news/1st-woman-command-us-army-150916046.html
Supreme Court refuses to consider whether Second Amendment protects gun silencers
The Supreme Court refused Monday to decide if the Second Amendment protects gun silencers such as the one used in last month's Virginia Beach shooting that killed 12 people.
Without comment or dissent, the justices turned away petitions from the operator of a Kansas army-surplus store and one of his customers who purchased an unregistered silencer in violation of federal law.
Two lower federal courts previously ruled that gun silencers fall outside the scope of the Second Amendment because they are accessories not in common use by law-abiding citizens.
The Trump administration had urged the Supreme Court not to hear the challenge. Solicitor General Noel Francisco wrote that the Second Amendment protects the right to keep and bear "arms," and that restrictions on silencers don't burden the ability to use a gun for self-defense.
https://www.google.com/amp/s/amp.usatoday.com/amp/1407871001
Odd that the administration did not want SCOTUS to take this up.
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