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by Sangiovese
Thu Jul 12, 2007 7:28 pm
Forum: General Texas CHL Discussion
Topic: Scenario
Replies: 6
Views: 448

Jeremae has a valid point about the doctrine of competing harms.

Basically it says that it is ok to break a law if the harm caused by NOT breaking the law would be worse.

Unfortunately, it is my understanding that this is far from ironclad and the results of using this type of defense will vary significantly even in similar cases.

Personally, I think that in a situation such as you have described, there would probably not be an issue arising from a felon using a weapon of opportunity in a legal defense situation. If there were 12 of me on the jury, he'd be fine. On the other hand, there are probably many others who feel differently... and they might be part of that jury as well.

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