[Legal Discussion] Disparity of Force

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For the illegal analysis. You gotta call in the pros. And ask him for some some help welcome to todays bonus active self protection lesson.
Im still your john korea. Today. I have a bonus lesson for you i have invited a board certified attorney.
One of the best in america to give us some more legal analysis of one of our videos here on the channel. Now we normally post this kind of stuff on the active cell protection extra channel. But its so important i wanted to bring it here to you as well hope you enjoy the analysis.
And it helps you in your understanding of legal use of force so you can see it is late its like 11 00 pm. And you see its kind of pull over his car and i look at the top left youre gonna see his intended victim limping towards and away from him and as he vectors towards her he doesnt realize shes an off duty cop. Said he had a gun and so she pulls hers and pops him twice.
Now is taking follow up actions. He did not make it took the asphalt temperature challenge. She was uninjured as she goes into her bag to get her phone and that is where this one ends.
Todays video was brought to us by firearms legal protection firearms legal protection is a legal defense program for lawful gun owners with the 24 7. Emergency. Hotline and plans designed specifically for self defenders.
They are offering a discount on their plan to ask fan. So hit the link in the description for that mark thanks again for being here. I think.
This is an interesting one its one of the more famous videos that really made the rounds on social media. When it first came out and of course off duty. Brazilian police officer and shes walking home big dude comes out announces that hes armed you can actually see the gun in his hand you got to be careful to see it though she shoots him twice.
But some people didnt see the gun and so they were like well wait a minute. Whyd she shoot the guy you know thats thats not cool.

rape by strangers or individuals with weapons who physically injure their victims is-0
rape by strangers or individuals with weapons who physically injure their victims is-0

But we talked about this issue of disparity of force that somebody when they have this concept disparity of force then they can use deadly force when somebody else may not be able to can you explain that to us the first i got to say i like this video dont you love the videos when the bad guy approaches with a gun and the good guy in this case. A good gal yep. Yeah.
Maybe she could have been a little faster a little more training would would have helped but you know what she got it done she protected herself. Yeah. Im not okay.
This is the way its supposed to go all right if swimming. We still got bad guys that do bad things. But well first off if its really true well lets just start from the beginning.
If she saw the gun right. Theres no problem. No disparity force problems no problem at all even so say she doesnt see the gun so then he just says i got a gun.
I think thats good enough to because what she believed was that he had a gun. And she shouldnt have to wait say no no no show me where it is before i can write so i personally i think that makes sense to me. And i think thats what the case was here hes sort of announced that he had a gun so i dont have any issue there but a main imagine he doesnt say that theres no gun you see theres no gun talked about you just got a big guy.
Approaching a woman. I think he left his car running yep. So you know to me is there a risk of death.
Or serious physical injury. Here. Im an easy juror on this one this seems easy to me and all i got to do is think about this as that that female there is my mom.
My sister my wife my friend someone like that do we really want to have to say no you got to fight the guy off before i can pull out the firearm. What i say is to the bad guy. If you dont like that result dont be a bad guy dont be aggressive to somebody dont look like that so that issue is so its a sliding scale because what makes somebody what makes for a disparity is so individual.
I get asked this question a lot you could imagine i speak to some retirees or i had gun clubs and i get this question. Hey you know im 90 years old and im you know 85 pounds and somebody could punch me in the face and kill.

rape by strangers or individuals with weapons who physically injure their victims is-1
rape by strangers or individuals with weapons who physically injure their victims is-1

Me is that something i should consider you bet yeah. Hundred absolutely you bet you know if the guy is 300. The attacker.
The bad guy is 300 pounds and youre a hundred pounds that are you at risk of death or serious physical injury. The answer to me is yes. If the answer is yes.
Youre an imminent risk of death or serious physical injury. I think you gotta err on the side of look. Id rat.
Its true. Id rather go through the trial right be dead. So its an interesting thing.
Though because i get you know the general strong able bodied male who will say well but i dont know if he punches me in the face. I could hit my head on the concrete and die true and so thats true. But i dont know that a lot of district attorneys or juries are gonna go yeah.
But was it reasonable that happens all the time so youre in the gray area. You have an advantage being a strong able bodied male that somebody else doesnt and thats a good thing. You should take that advantage for what it is because if i dont have to shoot somebody then i dont shoot somebody and like totally agree it really should be a last resort.
But on the other hand. Theres a balancing test room. Because if you wait imagine that woman.
Waits a little bit longer and that guy grabs her the next thing you know shes in the backseat of that car and shes going off to be raped or something like that so i certainly wouldnt want her i wouldnt want the law to be such that she couldnt have pulled out a gun in that situation in chocolate well and i think we recognized pretty clearly that most women are physically weaker than men and if a man physically overpowers a woman he can do her great bodily harm in a big hurry and so if hes aggressive then she has disparity of force and can use a greater degree of force. I think thats established if somebody is medically fragile. You know they have you know a surgery on their neck or something or they cant move.
Very much. Were not gonna have any problems with that got it ready to protect yourself somebody whos older those kind of things that puts them in that place pleasure.

rape by strangers or individuals with weapons who physically injure their victims is-2
rape by strangers or individuals with weapons who physically injure their victims is-2

But you said okay these other folks you know a guy like me okay so i have you know significant martial arts training and im in reasonable shape and and so wait a minute. I mean you you know you work out all the time and so well wait theres a higher standard for you you know im not sure. Theres a higher standard.
There i would argue if lets just say you were being attacked by a guy whos i dont know how much you weigh. But lets just say hes a little bit bigger than you okay and the other side used some kind of so lets just say you pulled out your firearm and the guy runs off. And now you get charged and the other side wants to argue well you had options because youve got some martial arts training.
I would probably bring a motion. And say thats not relevant to this case. He doesnt have to get into that big fight if he wants if it was reasonable for somebody of his size and his situation to use the level of force that he used to repel that attack.
I i wouldnt want to say and the law doesnt say that every single persons cuz. Everybodys got a different level of everything sure right the law doesnt have a thousand different you know standards that we apply. Its generally speaking a reasonable person standard.
What a reasonable person do knowing all the facts. Yeah. But i certainly cant say a judge would keep that out right right prosecutor may wanna.
Still. Ask that we had other options right you could have done this you could have reclusion issues right so we dont know how that shakes out at different judges. Frankly may feel differently about it what and i think having more capabilities is wise not from the legal perspective.
But from the self defense perspective now i have more options i have more ways that i can you know head off problems. And i dont have to worry about it so i think its its own good by itself. But i dont think you get less rights to defend yourself.
Because you got more training that okay accent true. But we do say there are protected classes. There are some because we say well wait a minute.
We recognize the particular vulnerability. There and so they get more leeway in the eyes well we generally deal differently with kids sure kids are in a different kind of category cops are in a different kind of category.

rape by strangers or individuals with weapons who physically injure their victims is-3
rape by strangers or individuals with weapons who physically injure their victims is-3

But for the average person you know the law is going to say a reasonable person in your circumstance. Yeah. A reasonable person have done and when youre dealing with self defense that word reasonable.
Its like ad nauseam is coming up and comes. Almost in every jury instruction. Its an if you read your law youre always gonna see the word reasonable and what does reasonable mean.
Thats a question for the jury. Yeah yeah just a book can mean different things to different juries and whats reasonable to a jury in you know rural texas versus in san francisco. We get cases sometimes where you may get a hung jury.
And you have to try it over again and the other jury may have absolutely no problem going one way or the other so different juries even in the same area. I mean we know people right you have you have neighbors on your street and how radically they their views on things will shift. We know this just from living on the planet well just because someone is on a jury.
Doesnt change that fact so again it all cuts in favor of being very very conservative be conservative. Be the good sane sober moral person who does the right thing and uses force conservative. We dont you dont want yourself in a position where you got to spend a bunch of money hire a lawyer to argue youre on the right side of this gray area.
Because even if you win. You still kind of lose. Yeah you went through a year of misery.
Punished with the process. Yes. The process is tough.
Yeah. Yeah okay. So now guys youve got some knowledge.
Here on that disparity of force make sure again try to stay out of the gray areas because when you put yourself in a grey area well thats where bad things can happen to you on the backside. We dont want that mark. Sure appreciate the information thanks for having me music music music.

rape by strangers or individuals with weapons who physically injure their victims is-4
rape by strangers or individuals with weapons who physically injure their victims is-4

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