| ▲ | bulbar a day ago |
| Deadly force can be lawful in Germany as well, reading Texas law I wonder which nuances of the laws make the biggest difference (assuming there's one). Could also be that the difference comes from owning land works differently in Germany (because it's much more densely populated) and of course owning anything except small guns is completely forbidden. |
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| ▲ | butvacuum a day ago | parent | next [-] |
| people freqently conflate Stand Your Ground vs Duty to Retreat... with the entire rest of the debate. I'm trying to keep this neutral, so I'm using a rather cut and dry example: Somebody kicks in your door with a pump action and starts shooting- There are _some_ jurisdictions that require you to try and flee. You kill them and they werent bodily blocking your car in? Murder charge. investigation finds a sabatoged engine? Doesn't matter. Stand Your Ground assumes reasonableness and codifies leaveing the fight or flee decision up to the individual. Ultimately- you're going to have PTSD either way. |
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| ▲ | crote 21 hours ago | parent | next [-] | | Your example isn't quite as cut-and-dry because in a lot of cases that's going to involve the Castle Doctrine as well, and "starts shooting" means there is an actual danger merely than a perceived potential danger. Counter-example: You're walking on the streets, at night, in the "bad part" of town. Someone walks towards you with their hands in their pockets, and their head covered with a hoodie. They say "Hey, what are you doing here?". You perceive this to be a threatening situation and fear for your life. Are you supposed to: a) pull out your gun and shoot them, or b) run away? Some proponents of Stand Your Ground would say that option A is perfectly fine, some proponents of Duty To Retreat would say that you must attempt option B first, and fall back to option A only as a last resort. | | |
| ▲ | butvacuum 14 hours ago | parent [-] | | It seems I may have misremembered my example and inadvertantly made duty to retreat appear worse than it is. However- it was meant to highlight the positons both sides and it holds correct enough for thst still. |
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| ▲ | derriz 21 hours ago | parent | prev [-] | | > Somebody kicks in your door with a pump action and starts shooting- There are _some_ jurisdictions that require you to try and flee. You kill them and they werent bodily blocking your car in? Murder charge. Which jurisdictions? Is this in the US? I’ve lived in a bunch of European countries and in none would you be charged with murder in that situation. | | |
| ▲ | lukan 21 hours ago | parent | next [-] | | Germany has had some weird court decisions in that regard, in general the law does say flee and not shoot back if this is an option. But mostly courts are reasonable and do not punish the victim. Only if the victim decides to use violence after the threat is over https://www.hrr-strafrecht.de/3/15/3-199-15.php But there was even a case, where a hells angel shot a police officer in his home who were doing a raid - and got free (because they did not identify themself as police). https://www.lto.de/recht/hintergruende/h/bgh-spricht-hells-a... | | |
| ▲ | bulbar 20 hours ago | parent [-] | | The law says your are allowed to stand your ground. You don't have to flee. > But there was even a case, I don't know the details of the case, but if somebody thought some criminals are raiding his house with guns and it's reasonable the he thought that, then he's fully within his rights to defend himself and, depending on the necessities, by shooting at them. Still terrible what happened, of course. | | |
| ▲ | lukan 20 hours ago | parent [-] | | "The law says your are allowed to stand your ground. You don't have to flee." No it does not in germany (and I think most other states of the world). If fleeing is a safe option - this is what you have to do instead of shooting. Reality just seldom is so clear. | | |
| ▲ | bulbar 13 hours ago | parent [-] | | See here for example as reference: https://www.heidelberg-strafrecht.de/notwehr.html > Allerdings gilt besonders hier der Grundsatz, dass das Unrecht dem Recht nicht zu weichen braucht. Man darf sich zur Wehr setzten und muss nicht flüchten. Translation:
> However, the principle that wrongdoing need not give way to what is right applies here in particular. One is allowed to defend oneself and is not required to flee. I believe that's pretty common and a sane approach. | | |
| ▲ | lukan 13 hours ago | parent [-] | | Not so easy, "In bestimmten Situationen kann das sonst umfassend geltende Notwehrrecht eingeschränkt sein. Dies ist dann der Fall, wenn die Verteidigung außer Verhältnis zum Angriff steht." "Besonderes gilt bei dem Einsatz von Schusswaffen." "Auch wird das Notwehrrecht eingeschränkt, wenn der Angriff von schuldlos Handelnden wie Kindern, Betrunkenen oder Geisteskranken ausgeht. Hier muss zunächst versucht werden, dem Angriff auszuweichen. Erst wenn ein Ausweichen nicht möglich ist, ist eine Notwehrhandlung geboten" In other words, my statement above was in those words indeed not exact correct - you don't must flee before shooting, but germany does not has a "home is your castle" law. | | |
| ▲ | bulbar 12 hours ago | parent [-] | | Sure, there are sane guardrails in place. Your are not allowed to shoot at somebody who steals a bottle of water from you or makes a picture of you against your will. You also correctly mentioned kids or sick people that do not have a criminal intend in a narrow sense. Generally however, you don't have to flee and the defence doesn't need to be proportionate to the attack or what you are defending. You just generally have to choose the mildest defence available to you that you can reasonably know having under an ongoing or imminent attack - you don't have to "take your time and look around" if some milder defence is around the corner. |
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| ▲ | CWuestefeld 15 hours ago | parent | prev | next [-] | | At least in New Jersey, the duty to flee is the law. | |
| ▲ | zimpenfish 16 hours ago | parent | prev | next [-] | | > I’ve lived in a bunch of European countries and in none would you be charged with murder in that situation. Presumably not the UK? https://en.wikipedia.org/wiki/Tony_Martin_(farmer) "Anthony Edward Martin was an English farmer who shot two burglars in his home [...] was convicted of murder, which was later reduced to manslaughter on grounds of diminished responsibility" | | |
| ▲ | bulbar 12 hours ago | parent | next [-] | | "Details" matter: > The prosecution accused him of lying in wait for the burglars and opening fire without warning from close range, in retribution for previous break-ins at his home.[13] No warning shot. He also llegally bought a semi-automatic pump shotgun, possibly with the explicit plan to kill the intruders (as he got robbed in the past). He also shot at them while they were fleeing. So, yeah, in this particular case the judge decided that what he did was not covered by the law. | | |
| ▲ | xyzzyz 4 hours ago | parent [-] | | Just to nitpick, there is no such thing as “semiautomatic pump shotgun”. It’s either semiautomatic, or a pump. |
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| ▲ | giaour 16 hours ago | parent | prev [-] | | Where exactly is the imminent threat of deadly force in that example? |
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| ▲ | oopsieDayz 21 hours ago | parent | prev | next [-] | | It's a BS If someone comes through your home door guns akimbo in the US, blasting back is fine US Supreme court has often leaned heavily on right to protect self in one's own home in ruling against local and state laws that might ban ridiculous things. | | |
| ▲ | zimpenfish 16 hours ago | parent [-] | | > If someone comes through your home door guns akimbo in the US, blasting back is fine Unless that someone is a cop, of course. |
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| ▲ | ekianjo 21 hours ago | parent | prev [-] | | > European countries and in none would you be charged with murder in that situation. Local news say otherwise | | |
| ▲ | bulbar 20 hours ago | parent | next [-] | | Because local news love to omit certain details of a case or don't know them to begin with. They make money reporting what people want to read and that's not necessary what's true. | |
| ▲ | derriz 19 hours ago | parent | prev [-] | | Examples? Maybe it’s true but I’d be surprised. Like I said from experience of living under a number of jurisdictions, none will charge a person with murder in those circumstances. Everywhere I’ve lived, if your life is directly threatened like that, you are absolutely allowed to defend yourself with violence commensurate with the threat. They may have been confusing or deliberately conflating things with the fact that in most western jurisdictions, you are not allowed to kill, for example, a fleeing trespasser or burglar. This is viewed as an entirely different situation from one where you are being threatened directly with immediate physical violence. |
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| ▲ | weinzierl 19 hours ago | parent | prev [-] |
| Only when threatened and self-defense has to be proportionate. If someone attacks you with a knife you would not be allowed to defend yourself with a firearm if you had one. This is very different from the law in Texas, where, from what I understand, if you catch someone in the night stealing you could just kill them even if they never threatend you. |
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| ▲ | lwkl 18 hours ago | parent | next [-] | | > Only when threatened and self-defense has to be proportionate. If someone attacks you with a knife you would not be allowed to defend yourself with a firearm if you had one. Being attacked with a knife means your life is being threatened and using a firearm would be legal even in Germany. The response has to be proportionate to the threat on life or limb not the size of the weapon. | | |
| ▲ | weinzierl 12 hours ago | parent | next [-] | | The knife vs gun is literally the example from legal education to teach that §32 StGB requires the mildest means available in the concrete situation. | | |
| ▲ | bulbar 12 hours ago | parent [-] | | Your are not arguing against the parent comment, right? Because when somebody attacks you with a knife, drawing a gun oftentimes will not even be an effective defense. But if that is all that's available to you, it's only reasonable to give it a try. You should shoot multiple times or empty the whole magazine though and yes, that's generally justified by the law if that's what it takes to stop the attack. The exact thing has happened to police man and woman and yes, they get trained to shoot multiple times to defend themselves. Was an outcry in media a few times because people don't understand the situation those people were put into. | | |
| ▲ | weinzierl 5 hours ago | parent [-] | | I'm saying that when you use a gun against an attacker with a knife you will end up before a judge as the defendant and not as the victim. The court will decide if using the gun in this specific case was necessary (notwendig) and appropriate (geboten). Only if it was both will you go unpunished. |
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| ▲ | bulbar 12 hours ago | parent | prev [-] | | > The response has to be proportionate to the threat No, not even that, at least not in general. For example, it could be well within your rights to hit somebody who keeps insulting you. And yes, not getting insulted is a protected right in Germany that you generally lawfully defendable under the "Notwehr" laws. Wikipedia mentions more example of what you are generally allowed to protect: > Das unberechtigte Anfertigen einer Fotoaufnahme stellt einen Angriff auf das Recht am eigenen Bild dar.[10] Das Anrauchen einer Person kann einen Angriff auf deren Ehre und Gesundheit darstellen. Translation: > Taking a photograph without authorization constitutes an infringement of the right to one's own image.[10] Exposed to secondhand smoke can constitute an infringement of a person's honor and health. Will be easy enough to find more example if your are not satisfied with Wikipedia. | | |
| ▲ | weinzierl 12 hours ago | parent [-] | | Yes, find an example that proofs that "not getting insulted is a protected right in Germany that you generally lawfully defendable under the "Notwehr" laws.", as you claim. Neither of your sources supports "you may hit someone who keeps insulting you.". If you had linked the original sources, it would have been obvious that the examples are taken out of context. | | |
| ▲ | bulbar 11 hours ago | parent [-] | | Support for the general argument:
https://de.wikipedia.org/wiki/Notwehr_(Deutschland) > Bereits der Diebstahl mittelwertiger Gegenstände darf nach herrschender Meinung jedoch auch mit einer tödlichen Abwehrhandlung vereitelt werden, sollten mildere Mittel (wie Warnschüsse oder Schüsse auf die Beine) nicht zum Erfolg geführt haben bzw. nicht zur Verfügung stehen.[73][55][56] > However, according to prevailing opinion, even the theft of items of moderate value may be thwarted by lethal self-defense if less severe measures (such as warning shots or shots aimed at the legs) have failed or are not available.[73][55][56] More specifically, a teacher slapping a child to defend against six year old children: https://www.lawblog.de/archives/2016/09/08/richter-billigen-...
https://famos.jura.uni-wuerzburg.de/wp-content/uploads/2017/... He was also hit by the six year olds, but the court explicitly mentions the attack on his honor as well as foundation for their judgement. Slapping the child was deemed to be the mildest mean for defence and therefore lawful. Just to iterate on the first point, even theft of values starting as low as 100 Euro could justify lethal force. Knowing that honor is a protected right, it should not be surprising that hitting somebody can be justified when one get heavily and continuously insulted. | | |
| ▲ | weinzierl 6 hours ago | parent [-] | | You are shifting goalposts. Your claims were that "not getting insulted is a protected right in Germany that you generally lawfully defendable under the "Notwehr" laws." and that "you may hit someone who keeps insulting you.". Both are false. |
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| ▲ | austin-cheney 18 hours ago | parent | prev | next [-] | | Search for Texas castle doctrine. The intention is to provide extreme deterrence against home invasion crimes. The liability for shooting a person, for any reason, in Texas outside the home is much greater. | |
| ▲ | CWuestefeld 15 hours ago | parent | prev | next [-] | | > in Texas, where, from what I understand, if you catch someone in the night stealing you could just kill them even if they never threatend you. It's worth pointing out that night is doing some of the work in this statement. Texas is unusual, as far as I know, that darkness makes a big difference in how self-defense and danger are viewed. It kinda makes sense, because in the dark, the would-be victim is less able to fully and accurately assess the situation. So Texans need to be aware that their actions may be interpreted more harshly in the dark. | |
| ▲ | bulbar 12 hours ago | parent | prev | next [-] | | > Only when threatened and self-defense has to be proportionate. If someone attacks you with a knife you would not be allowed to defend yourself with a firearm if you had one. No, that's explicitly not the case, it doesn't has to be proportionate, only needs to be the mildest defence available to you that will stop the attack. Not sure where people get the idea that the defense has to be proportionate, for some reason many believe that. Defending yourself with a gun against an attacker with a knife is well within your rights (assuming that drawing and defending with a gun would even be effective). See here for example as reference: https://zjs-online.com/dat/artikel/2020_2_1383.pdf First 1-2 sentences. | | |
| ▲ | weinzierl 5 hours ago | parent [-] | | "First 1-2 sentences" First sentence is "Zur Erforderlichkeit der Notwehrhandlung" (About the necessity of self defense acts). The whole document is about the necessity aspect but §32 StGB requires Notendigkeit (necessity) AND Gebotenheit (appropriateness). |
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| ▲ | whstl 18 hours ago | parent | prev [-] | | About Germany, §32 StGB doesn't require proportionality, the test is "Erforderlichkeit" or "necessity". So if you only have a gun and get attacked by a knife, you don't have to "make things even". Of course, if someone is simply stealing a Catalytic Converter you can't really shoot them, as it's a bit much... you can point a gun at them, and possibly even shoot the air, that's easier to argue as self-defence. If they threaten you back, the situation changes. The problem is having a gun in the outside, in Germany, good luck with that... of course, if it's someone stealing something inside your house, it becomes a home invasion, which is a completely different thing than someone stealing your property on the street. It's way more nuanced than Texas, which has a bit more clear cut law. | | |
| ▲ | weinzierl 12 hours ago | parent [-] | | §32 StGB requires "Erforderlichkeit" (necessity) AND "Gebotenheit" (appropriateness). The knife vs gun example is from legal education to teach that §32 StGB requires the mildest means available in the concrete situation. | | |
| ▲ | whstl 12 hours ago | parent [-] | | But if the "mildest mean available" of self-defence against a knife assailant is a gun, the a gun is the most appropriate, simply because others aren't available. Naturally pretty much nobody has a gun, so not a problem, but this has happened and has been discussed. Germany doesn't have proportionality. And there are even other articles like §33 StGB, which excuses excess arising from fear, fright or confusion, which is what happens if someone points a knife at you. "Gebotenheit" refers mainly to what I'm talking about in my second sentence (trying other means before shooting) and to sozialethische Einschränkungen (e.g.: psychosis, provocation, trivial attacks, etc), it doesn't "forbid" using a legal gun against an assailant actively attacking you with a knife as a last resort. | | |
| ▲ | weinzierl 5 hours ago | parent [-] | | Doesn't change what I'm saying. When you use a gun against an attacker with a knife expect to end up before a judge as the defendant and not as the victim. The court will decide if using the gun in this specific case was necessary (notwendig) and appropriate (geboten). Only if it was both will you go unpunished. |
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