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Texas High Court Limits Self Defense Law
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Texas High Court Limits Self Defense Law
Chance favors the prepared. Making good people helpless doesn't make bad people harmless.
There is no safety in denial. When seconds count the Police are only minutes away.
Sometimes I really wish a lawyer would chime in and clear things up. Do we have any lawyers on this forum?
There is no safety in denial. When seconds count the Police are only minutes away.
Sometimes I really wish a lawyer would chime in and clear things up. Do we have any lawyers on this forum?
Re: Texas High Court Limits Self Defense Law
Someone's gonna need to explain to me how that affects law abiding people who are not in the process of resisting arrest... or some other situation in chapter 9 that I might find myself in.
I am not a lawyer. This is NOT legal advice.!
Nothing tempers idealism quite like the cold bath of reality.... SQLGeek
Nothing tempers idealism quite like the cold bath of reality.... SQLGeek
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srothstein
- Senior Member
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- Joined: Sat Dec 16, 2006 8:27 pm
- Location: Luling, TX
Re: Texas High Court Limits Self Defense Law
In all honesty, I do not see how this is a major change to the interpretation of these sections of law.
Where it might affect us is very rare, I think. Use of deadly force is barred in certain circumstances, so it would be impossible to use the necessity defense in those same circumstances. But I am not sure how that could happen.
Where it might affect us is very rare, I think. Use of deadly force is barred in certain circumstances, so it would be impossible to use the necessity defense in those same circumstances. But I am not sure how that could happen.
Steve Rothstein
Re: Texas High Court Limits Self Defense Law
Agreed 
I see TPC 9.22 "Necessity" as a weak place to put your Self Defense argument. I see it more as a catch-all for outlier scenarios, not self defense.
The way I explain 9.22 to students is
"Its unlawful for me to drive my truck on the sidewalk. If a child darts into the street & I swerve to miss the kid, but go onto the sidewalk where others are present, I can still be charged with Deadly Conduct or Reckless Driving. It would be up to my lawyer to argue that my actions were "Necessary" in accordance with ordinary reasonablness to avoid the much greater risk of hitting a kid."
TPC 9.31 / 9.32 / 9.33 / 9.41 / 9.42 are all much better places to hang your hat regarding justification for uses of force.
I see TPC 9.22 "Necessity" as a weak place to put your Self Defense argument. I see it more as a catch-all for outlier scenarios, not self defense.
The way I explain 9.22 to students is
"Its unlawful for me to drive my truck on the sidewalk. If a child darts into the street & I swerve to miss the kid, but go onto the sidewalk where others are present, I can still be charged with Deadly Conduct or Reckless Driving. It would be up to my lawyer to argue that my actions were "Necessary" in accordance with ordinary reasonablness to avoid the much greater risk of hitting a kid."
TPC 9.31 / 9.32 / 9.33 / 9.41 / 9.42 are all much better places to hang your hat regarding justification for uses of force.