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

[quattro toronto]

Sound advice (not necessarily Legal advice) but what the hell do AOJP and 
OODA loop mean?


>From: Richard Beels <beels at technologist.com>
>To: quattro at audifans.com
>Subject: Re: road rage...my first experience tonite.. LOCK YOUR DOORS!!!
>Date: Mon, 12 Feb 2001 11:59:10 -0500
>
>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!
>

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