Delaware Concealed Carry Forum
Firearms and Equipment Reviews => Firearms Related Equipment Reviews => Topic started by: SteveMiller on December 07, 2014, 01:57:58 AM
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I just finished reading "The Law of Self Defense" and thought I would recommend it. It covers a lot of the basics that many of us already know, but also adds examples and nuances to be aware of. The topics that I found most enlightening were defense of others, Consciousness of Guilt and Consciousness of Innocence. Many of us have heard of examples of where defense of others can go awry like inadvertently stopping undercover law enforcement offers trying to subdue a suspect, but the author provided other examples that were a little less clear. Stopping an attack on a woman where the woman changes her position after the attack, and most of the evidence you saw that made you act was only temporary and difficult to prove in court. The most troubling example was where you intercede to help someone that didn't have the right to claim self defense for various reasons, but since they didn't have a claim to self defense you don't get to claim it on their behalf. The moral was that you really can only afford the risk in a case of family or very close friends with the only exception being attempting to stop a mass shooting.
Easy read, and good info, and I am sure I will read it again maybe after finishing Massad Ayoob's new book "Understanding Your Right to Self Defense". This book is also supposed to have many examples from court (including the Zimmerman trial) and now covers things like how to devise a defense against a prosecutor pursuing politics rather than justice.
If you have read either of the books let me know what you think.
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I purchased LOSD book on Kindle for $10 and have read about halfway through. Agree that it is a good read and informative. I'll check out Mas's book also. Thanks for the reco and the heads up on interceding in an unknown situation.
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Here's an extract from the section that @SteveMiller referred to.
Defending Others
The situation becomes even worse if the state you live in adopted additional rules for defense of others. In these states not only must you meet all five principles of self defense [Innocence, Imminence, Proportionality, Avoidance and Reasonableness], but also all the additional factors they've piled on.
In Delaware, for example, if the person you rescued could have retreated, then you must try to get them to do so before you can defend them. I struggle to imagine how that can easily be done in a high stakes situation. And even if the required attempt is made, what evidence will remain of that attempt?
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Here's the DelCode:
§ 465 Justification — Use of force for the protection of other persons.
(a) ....
(b) Although the defendant would have been obliged under § 464 of this title to retreat, to surrender the possession of a thing or to comply with a demand before using force in self-protection, there is no obligation to do so before using force for the protection of another person, unless the defendant knows that the defendant can thereby secure the complete safety of the other person.
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So, a bit of caution is necessary. Branca says you must try to get the third person to retreat but the law says you must know that retreat will secure complete safety. Either way, you must consider retreat. Of course, if it is grandma using a walker, your options are limited.
As a side note, the author's less desirable personality attributes, as demonstrated in an earlier thread, are not visible in the book's verbiage. I recommend the book.
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Where did you buy "The Law of Self Defense"? Can I get on Amazon?
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Where did you buy "The Law of Self Defense"? Can I get on Amazon?
Amazon. Available in Kindle.