Quote:
Originally Posted by Barnet Flame
No. I would prefer the law to reflect the wishes of society and be more protective of the victim. I do not think the victim of an attack should have the added burden of having to calculate what is proportionate while they and their family are under attack.
If they successfully repelled an attack and an intruder was fleeing and they gave chase, or shot them in the back, that would be another matter and something clear cut.
|
Well I can't speak for the law everywhere, but generally the law takes into consideration the uncertainty, fear and other elements that face an individual in this situation and doesn't seek to require a victim to make any sort of assessment that a reasonable person would not make, hence the reasonableness test. What the law in many places doesn't allow is a response that is not justified by the threat present, the use of deadly force against a mere trespasser for instance.