"In a world in which violent criminals are frequently armed with various deadly weapons, a public policy limiting the amount of force that may be exerted by an innocent victim in response to life-threatening aggression is puzzling. It is a curious law indeed which posits a society in which only criminals possess the means to kill. Where a violent criminal possesses a firearm, any attempt by his victim to defend himself or herself by inducing “temporary discomfort” in the criminal would likely result in serious injury to the victim or others, no matter what the extent of the defensive opportunity. One is not generally prevented from pulling the trigger of a gun because one is temporarily uncomfortable. This is especially so if the criminal is intent on hurting people. In such a situation, the only viable response by the victim entails the use of deadly force. ... It is perfectly rational for a victim who realizes that a criminal is going to attempt to kill him or her to resist that attempt with any amount of force available. It is, however, often safer, more effective, and perfectly legal to use deadly force instead." | by: | John C. Lenzen
(B.A. 1992 Rutgers College; J.D. 1995 Rutgers Univ. School of Law) |
Source: | Liberalizing The Concealed Carry Of Handguns By Qualified Civilians: The Case For “Carry Reform”, 47 RUTGERS L. REV. 1503, 1508 n. 17 (Summer 1995). |
| |
