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The Washington attorney said that most jurisdictions use a
Posted on: December 14, 2023 at 15:25:54 CT
JeffB MU
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twofold standard. What the driver reasonably believes both on a subjective basis, but also on an objective basis, apparently based upon community standards, which could vary from jurisdiction to jurisdiction.
re (it is reasonable to use deadly force if):
(2) Such force is used against a person who unlawfully enters, remains after unlawfully entering, or attempts to unlawfully enter a ...vehicle lawfully occupied by such person...
So that seems like a jury could certainly decide that just because people are kicking the vehicle, jumping on the hood, roof &/or trunk that they were not yet trying to enter the vehicle. The Washington attorney seemed to feel that the threshold was pretty much the smashing of windows, such that flying glass was a danger to the occupants, and that protesters could then reach through open windows to attack &/or drag people out.
But if glass is flying into the car, it may already be too late to prevent injury to the occupants.
Would they also take into account if the crowd is originally small, but a larger crowd is running down the street towards the vehicle? Perhaps the only time to escape death or injury is to escape *before* the bigger crowd gets there, even if those banging on the car are not obviously trying to enter it.
re (it is reasonable to use deadly force if):
(2) Such force is used against a person who unlawfully enters, remains after unlawfully entering, or attempts to unlawfully enter a ...vehicle lawfully occupied by such person...
So that seems like a jury could certainly decide that just because people are kicking the vehicle, jumping on the hood, roof &/or trunk that they were not yet trying to enter the vehicle. The Washington attorney seemed to feel that the threshold was pretty much the smashing of windows, such that flying glass was a danger to the occupants, and that protesters could then reach through open windows to attack &/or drag people out.
But if glass is flying into the car, it may already be too late to prevent injury to the occupants.
Would they also take into account if the crowd is originally small, but a larger crowd is running down the street towards the vehicle? Perhaps the only time to escape death or injury is to escape *before* the bigger crowd gets there, even if those banging on the car are not obviously trying to enter it.
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The Washington attorney said that most jurisdictions use a - JeffB MU - 12/14 15:25:54