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Author Topic: "Stand your ground" law  (Read 3962 times)
Cbmarine
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« Reply #15 on: April 04, 2017, 02:34:39 PM »

... Having said that, use of deadly force is only appropriate when faced with deadly force.  Basically, if you're in a situation where you are the victim of a strong arm (i.e. no weapons presented) robbery, you may not use deadly force.  The bottom line is that use of deadly force outside the home is always a last resort, not a first response. 
...

@MW, thanks for the insights, explanations, and clarifications.  Let's drill down into justifiable self-defense using deadly force: death, serious injury, kidnapping or sexual intercourse...

§ 464 Justification — Use of force in self-protection.
...
(c) The use of deadly force is justifiable under this section if the defendant believes that such force is necessary to protect the defendant against death, serious physical injury, kidnapping or sexual intercourse compelled by force or threat.


Does a conventional weapon, e.g., firearm, baseball bat, knife, etc., have to be present? Could not serious injury result from a fist strike, kick to the head, multiple blows, etc., especially by a skilled fighter? Obviously the responding defense must be proportional and designed to stop the attack. 

Here's another wrinkle.  Does the DOJ take into account the age of the victim: note that an injury to a person 62 or older is also a class D felony?

§ 612 Assault in the second degree; class D felony.

(a) A person is guilty of assault in the second degree when:

(1) The person recklessly or intentionally causes serious physical injury to another person; or

(2) The person recklessly or intentionally causes physical injury to another person by means of a deadly weapon or a dangerous instrument; or
...
(6) The person recklessly or intentionally causes physical injury to another person who is 62 years of age or older; or
...

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Smelly deplorable dreg of society clinging to God and guns
New Castle County
rikwick
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« Reply #16 on: April 04, 2017, 03:12:43 PM »

"Possible, but not probable." MW

Glad to have found something to agree on!   
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Cutter
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« Reply #17 on: April 05, 2017, 03:47:42 AM »

Great info folks. Thank you all for your input.
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MarcWinkman
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« Reply #18 on: April 05, 2017, 06:09:19 AM »

... Having said that, use of deadly force is only appropriate when faced with deadly force.  Basically, if you're in a situation where you are the victim of a strong arm (i.e. no weapons presented) robbery, you may not use deadly force.  The bottom line is that use of deadly force outside the home is always a last resort, not a first response. 
...

@MW, thanks for the insights, explanations, and clarifications.  Let's drill down into justifiable self-defense using deadly force: death, serious injury, kidnapping or sexual intercourse...

§ 464 Justification — Use of force in self-protection.
...
(c) The use of deadly force is justifiable under this section if the defendant believes that such force is necessary to protect the defendant against death, serious physical injury, kidnapping or sexual intercourse compelled by force or threat.


Does a conventional weapon, e.g., firearm, baseball bat, knife, etc., have to be present? Could not serious injury result from a fist strike, kick to the head, multiple blows, etc., especially by a skilled fighter? Obviously the responding defense must be proportional and designed to stop the attack. 

Here's another wrinkle.  Does the DOJ take into account the age of the victim: note that an injury to a person 62 or older is also a class D felony?

§ 612 Assault in the second degree; class D felony.

(a) A person is guilty of assault in the second degree when:

(1) The person recklessly or intentionally causes serious physical injury to another person; or

(2) The person recklessly or intentionally causes physical injury to another person by means of a deadly weapon or a dangerous instrument; or
...
(6) The person recklessly or intentionally causes physical injury to another person who is 62 years of age or older; or
...



For deadly force to be used, you must be faced with the threat of immediately apparent deadly force being used against you.  Yes a fist strike, etc. can be fatal, but an unarmed assailant is not someone who you can look at and immediately make the determination that (1) you are faced with the threat of imminent death or grave bodily injury, and (2) the unarmed assailant is where the duty to retreat is going to come into full focus.  You can make a retreat from an unarmed assailant in complete safety for the most part, or if you can't, you can defend yourself with something less than lethal force. 

As to prong two of the question, the DOJ does routinely take special victim categories into account when performing case intake.  Typically where a victim is over the age of 62, the offense degree is increased by one.  For example in the Section 612(a)(6), but for the age of the victim, the critical elements of the offense define Assault Third Degree as defined in 11 Del. C. § 611(1).  The age of the victim (over 62), however, increases the degree of the offense.
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Obleo
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« Reply #19 on: April 07, 2017, 06:29:34 AM »

Excellent thread! This, for myself, re-enforces my resolve to never, ever, under any circumstances, or for any reason draw my weapon.  Unless I need to.
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Packing_Nine
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« Reply #20 on: April 07, 2017, 07:33:56 AM »

My sentiments exactly, Obleo.
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topper
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« Reply #21 on: April 08, 2017, 11:15:36 AM »

Excellent thread! This, for myself, re-enforces my resolve to never, ever, under any circumstances, or for any reason draw my weapon.  Unless I need to.

I agree 100%
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Laws that forbid the carrying of arms…disarm only those who are neither inclined nor determined to commit crimes…

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MarcWinkman
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Posts: 227


« Reply #22 on: April 10, 2017, 06:33:41 AM »

Fully agreed Obleo!
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Cbmarine
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III Marine Amphib Corps


« Reply #23 on: April 11, 2017, 08:08:07 AM »

Excellent thread! This, for myself, re-enforces my resolve to never, ever, under any circumstances, or for any reason draw my weapon.  Unless I need to.
with a response so eloquently and ambiguously stated as this one, what is the address of your 2018 DE House campaign address?  I wish to donate.
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Smelly deplorable dreg of society clinging to God and guns
New Castle County
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