re: #279 Obdicut

Why only probably?

“Probably so” because it’s a hypothetical question.

And so, would you agree that if that person in the first example had a chance to escape rather than shoot, they should have taken it? Or that they could have used to the gun to deter rather than instantly shoot?

I don’t think I have the right to decide that question for somebody else. I think the question is… in the heat of the moment who gets to make that decision?

No. Why ask something like that? For fuck’s sake.

So why don’t you like the ‘reasonable’ standard for ‘reasonably tried escape’? Why the trust in prosecutors for one circumstance and not the other?

because I think that’s what you would be asking people to do. If the standard is “You have to try to consider running first” you’re asking people to consider options that they feel would be putting them in danger.

I don’t have any problem with judges making the final call over if the person reasonably believed their lives were in danger. All the SYG should do is take the question of “fight or flee” out of the hands of prosecutors and into the victims.