road rage...my first experience tonite.. LOCK YOUR DOORS!!!

[Richard Beels]

The legal test for employing lethal force has nothing to do with someone 
yanking open your car door.  The pretty-much national standard in the US is 
called AOJP.  Some states have written into law certain scenarios where 
AOJP is defined to be met statutorily but the legal standard is AOJP.  (I'm 
not your lawyer, this is not legal advice, it's worth what you paid for it, 
consult your own attorney specializing in lethal force law, etc.....)

Ability: Does the attacker have the means to cause you immediate death or 
great bodily harm? Gun, knife, bat, etc.

Opportunity: Does said attacker have the ability to use the means 
IMMEDIATELY???  If I am holding a Glock 23 and am on the other side of a 
plate of bulletproof glass from you, no opportunity.

Jeopardy: Does said attacker have the intent to cause immediate death or 
great bodily harm? I am standing behind you at the 7-11.  I am armed.  I 
have ability and opportunity to cause immediate death or great bodily 
harm...but I don't have the _intention_ of doing so....not a time when you 
can use deadly force.

Finally, Preclusion:  Can you do something to preclude this attack from 
happening???  If so, you should, if you can do so SAFELY. Retreat, etc is 
advisable to employing deadly force.

The important thing to remember, and I cannot hammer this home hard enough, 
is that AOJP is a *permissive* standard.  It tells you when you are 
*ALLOWED* to use lethal force.  They do not tell you when you *SHOULD* use 
lethal force.  Do not confuse justification with necessity.

Distilled down to the "soundbite": You can use lethal force WHEN YOU 
REASONABLY BELIEVE YOU'RE ABOUT TO BE KILLED.

There's more to it, of course.  Force continuum, the OODA loop, living your 
life in Yellow, etc...

The most important lesson in this, of course, is that you MUST BE AWARE OF 
YOUR SURROUNDINGS.  It is much, much easier (and preferable) to avoid 
trouble in the first place, than to get out of it....



At 08:49 2/10/2001,  james accordino was inspired to say:


>He is coming dangerously close to filling someones
>"asshole" bag limit.  In many states (Pa. is a
>maybe-Az. definitly) you could have legally shot him
>when he opened your door.  They "investigate", but
>it's the same story.  You were trapped, threatened, he
>"entered" your space, and then physically touched you.


Cheers!