eulero83
Posts: 1470
Joined: 11/4/2005 Status: offline
|
FR this is what common law in SC says about self defence: quote:
1. You must be without fault in bringing on the difficulty. 2. You must actually believe you are in imminent danger of loss of life or serious bodily injury or actually be in such danger. 3. If you believe you are in such danger, you must use deadly force only if a reasonable or prudent man of ordinary firmness and courage would have believed himself to be in such danger, or, if you actually were in such danger, the circumstances were such as would warrant a man of ordinary prudence, firmness and courage to strike the fatal blow in order to save himself from serious bodily harm or losing his own life. 4. You had no other probable means of avoiding the danger of losing your own life or sustaining serious bodily injury than to act as you did in the particular instance. Read more: http://www.ehow.com/about_4674557_south-carolina-self-defense-laws.html#ixzz2htSzn0XM this is the SYG statute quote:
PROTECTION OF PERSONS AND PROPERTY ACT The stated intent of the legislation is to codify the common law castle doctrine, which recognizes that a person’s home is his castle, and to extend the doctrine to include an occupied vehicle and the person’s place of business. This bill authorizes the lawful use of deadly force under certain circumstances against an intruder or attacker in a person’s dwelling, residence, or occupied vehicle. The bill provides that there is no duty to retreat if (1) the person is in a place where he has a right to be, including the person’s place of business, (2) the person is not engaged in an unlawful activity, and (3) the use of deadly force is necessary to prevent death, great bodily injury, or the commission of a violent crime. A person who lawfully uses deadly force is immune from criminal prosecution and civil action, unless the person against whom deadly force was used is a law enforcement officer acting in the performance of his official duties and he identifies himself in accordance with applicable law or the person using deadly force knows or reasonably should have known the person is a law enforcement officer. For what I see the fact the protection of person and property act is needed to justify that he went to look for confrontation instead waiting in the house for the law enforcement, and the judge or the jury I don't know how it works in south carolina, decided that being the victim driving just behind the assoulters was enought for a SC's reasonable or prudent man of ordinary firmness and courage would have believed himself that the boy he was an accomplice and violent. Am I wrong?
|