Proportionality is a requirement, not a potentially relevant action. In fact, it's the specific reason why Karmello Anthony committed murder. Even if everything else was in his favor, it is not proportional to use potentially lethal force against ordinary force.
Someone taking a swing at your head is every bit as much of a threat as them going at you with a knife or a gun, which most people simply don't realize.
You are making exactly the same case as everyone defending Karmello's actions. You're arguing for an acquittal.
No, a deadly weapon is not the same risk as a someone throwing a punch. Yes, people die from single punches. But you are far more likely to have nothing more than a minor injury from a single punch.
This changes if you are being mobbed by several people, or the other person is built like a brick shit-house and you are a 72 year old woman who might not survive a fall. That is because in those cases, unarmed force can escalate to grievous bodily harm, justifying lethal force. Even "the knockout game" can be a valid justification for lethal force because the purpose of the ambush is to literally concuss you hard enough to make you pass out, which requires hospitalization. All that being said, someone simply throwing a punch against obviously healthy adult male as part of a simple battery is not justification for lethal force.
Even if everything else was in his favor, it is not proportional to use potentially lethal force against ordinary force.
You can only identify that difference after the fact. You don't know if that punch to the face is going to end with you getting a bloody nose or if it's going to be followed up with a curb stomping of your skull on the pavement.
Have you ever been punched in the face before by someone who knows how to throw a punch?
You can definitely identify some risk from a punch before the fact. If the puncher is a 15-year old girl, you are not at risk of maiming or death. If the puncher is a kickboxer, your argument gets much better and deadly force may be justified.
The trial takes all contextual arguments into account. Was it soft grass or asphalt, was the ground slippery, did you know that people can die after falling backwards on a curb, etc. A punch is not ipso facto "ordinary force."
Shadow is correct. You do have the ability to determine that ahead of time, and you are required to be reasonable in your assessment. A punch is simple battery until you can show that it isn't going to be.
Proportionality is a requirement, not a potentially relevant action. In fact, it's the specific reason why Karmello Anthony committed murder. Even if everything else was in his favor, it is not proportional to use potentially lethal force against ordinary force.
You are making exactly the same case as everyone defending Karmello's actions. You're arguing for an acquittal.
No, a deadly weapon is not the same risk as a someone throwing a punch. Yes, people die from single punches. But you are far more likely to have nothing more than a minor injury from a single punch.
This changes if you are being mobbed by several people, or the other person is built like a brick shit-house and you are a 72 year old woman who might not survive a fall. That is because in those cases, unarmed force can escalate to grievous bodily harm, justifying lethal force. Even "the knockout game" can be a valid justification for lethal force because the purpose of the ambush is to literally concuss you hard enough to make you pass out, which requires hospitalization. All that being said, someone simply throwing a punch against obviously healthy adult male as part of a simple battery is not justification for lethal force.
You can only identify that difference after the fact. You don't know if that punch to the face is going to end with you getting a bloody nose or if it's going to be followed up with a curb stomping of your skull on the pavement.
Have you ever been punched in the face before by someone who knows how to throw a punch?
You can definitely identify some risk from a punch before the fact. If the puncher is a 15-year old girl, you are not at risk of maiming or death. If the puncher is a kickboxer, your argument gets much better and deadly force may be justified.
The trial takes all contextual arguments into account. Was it soft grass or asphalt, was the ground slippery, did you know that people can die after falling backwards on a curb, etc. A punch is not ipso facto "ordinary force."
Shadow is correct. You do have the ability to determine that ahead of time, and you are required to be reasonable in your assessment. A punch is simple battery until you can show that it isn't going to be.
I'll ask again:
Have you ever been punched in the face by someone who knows how to throw a punch?