It is up to the criminal justice system to investigate and determine if you are lying.
This situation is no different.
Yeah, I realize I'm with water over my head as I don't understand US laws at all, and how it can legal to kill other people like that.
A rock to the head can be quite deadly; every situation will have its own important nuances still.
No, there are many places where you want to think twice about responding to violence with violence, because if your violent response is deemed exaggerated, you end up being the one worse off on day of judgement.
Technically I suppose you could get away with killing if it can be shown that your life was in immediate danger, and not in the "old hobo waves a knife so cop shoots him in the back from thirty feet away" way like in the US. In practice that never happens, because it is very difficult to show that the only thing you could've done was to kill. Even if someone had you at gunpoint. Someone waving a rock or a knife? Lol no, unless you emerged out of a struggle with stab wounds or broken bones.
I think most would agree that waiting to shot until you are suyre you will emerged out of a struggle with stab wounds or broken bones is too late.
In many other parts of the world, someone having a weapon out is not sufficient evidence to show that they were going to murder you in 2 seconds unless you did it first. Even if they seemed angry and threatening. A threat of violence is not violence, a weapon is not violence, and an unstable person is not violence, and even violence doesn't justify killing unless that violence was life threatening.
That's the difference. The question here isn't about what they could in theory do. If you're going to kill someone in self defense, you'd better have very convincing evidence or other means to show that they were in fact about to kill you. Without signs of struggle, that evidence can be quite hard to procure.
So what do you do in this situation? If you can run, you run. If someone chases you with a knife and you can't outrun them, that's already much better for your self defense claim than if you just decided to shoot them the moment you got scared.. If you can fight or shoot back, you don't have to kill them, just respond enough to fend off the immediate threat. If you're not good enough with guns to make a non-lethal disarming shot, then I don't recommend bringing a gun (not that it'd be legal here anyway, guns are for sport and hunting). Your self defense can be regarded as exaggerated even if you didn't intend it that way. So if you accidentally make a lethal shot or accidentally punch someone to death, you're on the hook for it.
This suggests to me that you don't know much about guns, gun safety, or gun laws. I'm not trying to be insulting, but saying something like that indicates that you really have no idea what you're talking about. No use-of-force experts recommend attempting a "non-lethal" shot with a gun. In fact, you'd almost certainly get in more trouble for doing that than for killing the person, at least in the US.
A gun is a lethal weapon, and there is no way to reliably perform a "non-lethal" shot. If you shoot someone in the leg, they can very easily bleed out. Aiming for the arm or hand makes it extremely likely that you will miss and hit someone/something downrange.
I agree that there is no way to reliably perform a "non-lethal" shot which gets us back to my previous message: you'd better not bring a gun to a knife fight if you don't want to end up sitting in jail for killing. Use-of-force experts here would not recommend shooting at all if there's any chance a missed shot is going to hit someone downrange, unless again it can be shown that killing is absolutely the only choice left.
However, if you read the news here, you find that the police regularly manage to hit a leg and thus disable the assailant without killing them. Every time this happens, there's going to be an investigation into whether gun use was justified. And if the assailant ended up dying, it'd be much worse for the cop.
I don't know if they're specifically instructed to aim for legs, but maybe it's easier to stop bleeding than to revive someone with a bullet in the heart.
Then it seems like we're on the same page? You shouldn't be shooting at all unless you're trying to kill the person. You shouldn't be trying to kill the person unless it's absolutely the only choice left. Given that it's the only choice left, potentially hitting someone downrange is a regrettable but possible outcome. Given that you're trying to kill someone, aiming somewhere other than center mass has an unacceptable risk of missing or not disabling the person.
> If you're going to kill someone in self defense, you'd better have very convincing evidence or other means to show that they were in fact about to kill you.
I don't understand this at all. A mentally unstable person shouting threats and approaching me with a deadly weapon is 150% enough evidence that my life is in danger. I can't see any other possible rationalization.
It is a complete failure of the state to make someone scared of defending themselves against legitimate threats.
Do you have any sources for that story? I would be interested in reading them because what you are describing sounds so idiotic that it seems like a parody of anti-communist talking points.
If someone wants to abuse a castle doctrine law there are already easier ways to do that.
I’m also not aware of any stories where the existing laws have been abused to kill people legally (eg, shooting someone, planting them in your house or as a carjacker). Although maybe they are just so successful they aren’t caught.
So let's posit that you are 100% correct - Rittenhouse went there with the explicit goal of shooting people, killed multiple people, and was not convicted of any crime. Do you think anyone looks at that scenario and thinks "and it was totally worth it, I want to do that too"? He's going to be looking over his shoulder for the rest of his life. He's 18 and effectively has no chance of living a normal life unless he moves to another country and disappears. He very easily could have been killed by skateboard guy, or knocked out by jump kick guy and beaten to death, or shot by Grosskreutz.
So if you're going to use an affirmative defense ("Yes I did it, but it was justified") then that seems like a pretty big risk, especially if there's no real evidence the victim was a cat thief.
Think of all the failure that went into someone making this statement with a straight face. Federal, state, local, moral. Just wow. “Your anarchy is my justice” is the rallying cry of every criminal out there.
The state losing its monopoly on violence is the definition of a failed state. Other places you’re welcome to murder people for stealing from you are likely Somalia, parts of El Salvador, the Sudan, Western Sahara and uh, I want to say cartel controlled states in Mexico. Not exactly sterling examples of well run areas. Even there it’s due to absence of state control, not outright abdication.
See the problem? You weren't stealing anything. They just thought you did. In most other places on earth, if you were really unlucky, you'd get arrested and put on trial, until it became clear that you really didn't do anything wrong. In Texas, apparently, instant game over is an acceptable outcome. Sure, the shooter would also get in trouble, but that's not going to help your spouse and children, is it?
Edit: typo
If you gamble with your life, you're bound to lose eventually, and I just struggle to feel sympathy for those who knowingly ruin their own lives with full conscience of the consequences.
I have the right to defend my property.