Blog Article/Post Caveat (Read First Please: Click the Link)
“If I have made errors or omissions or misunderstood/understanding of the material in the source it is all mine and mine alone. Ergo, you MUST do the leg-work in research, testing, fact finding, verification and understanding through appropriate, professional and experienced folks such as reading the following (see book listed at end), seeking advice from legal professionals and seeking guidance from long standing violence experts.”
The following is excerpts from the book listed at the end with some minor changes to fit my topic about words and their importance if one is going to study self-protection for self-defense. Most of what is provided comes from a “semi-legal-ish” view and perception that speaks exclusively to firearms and deadly force. I suggest you take the information and fact check, along with extensive research into your states laws on self-defense. This is about inspiration and before you take it as “Gospel” you should do the leg-work to discover just how it effects your teachings and applications. Your life, livelihood and freedom depend on YOU.
Four Factors that must be present to redeem oneself from prior misbehavior and to revive the right to self-defense via De-escalation.
(1), the person must act in good faith to end all hostile acts toward the other person. It can be anything so long as it shows clearly the person wishes to end the argument peacefully.
(2), the person must not only cease aggressive behavior and seek peace, but also must communicate the intent to do so, clearly and effectively, to the other participant. Again, it can be anything as long as it signals that the threat is over and the burden for making sure an adversary understands one’s desire for peace falls on the person seeking to de-escalate the encounter. A person who fails to withdraw effectively from the fray remains responsible for their misbehavior and may not claim self-defense if such misbehavior promotes, prolongs, or contributes to the circumstances and led to another person’s death.
(3), this element must be present for a person to erase prior misbehavior is the absence of any NEW misbehavior. Any subsequent confrontation between them must be judged anew by the facts of the new encounter and by the role each party played in bringing it about.
(4), finally, for the right of self-defense to revive, the words and/or acts meant to communicate that a person wants to abandon the fight must be clear and unequivocal. A verbal statement announcing one’s intent to abandon the fight is important because there is less chance of misinterpretation, and there is a clearer record fo what the person was thinking.
Nutshell - (1): GOOD FAITH intent to withdraw, (2): clear communications, (3): no additional misbehavior, and (4): unequivocal meaning.
“If I have made errors or omissions or misunderstood/understanding of the material in the source it is all mine and mine alone. Ergo, you MUST do the leg-work in research, testing, fact finding, verification and understanding through appropriate, professional and experienced folks such as reading the following (see book listed at end), seeking advice from legal professionals and seeking guidance from long standing violence experts.”
Lawlor, Bruce M. “When Deadly Force is Involved.” Rowman & Littlefeild. 2017
For reference and sources and professionals go here: Bibliography (Click the link)
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