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Old 07-14-16, 11:24 AM   #11
Kazuaki Shimazaki II
Ace of the Deep
 
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Quote:
Originally Posted by AVGWarhawk View Post
Deploying a gun as self defense? Calls for a person brandishing a weapon at another is a non-crime? Low social dangerousness of the alleged offense? Welding a weapon is a low social dangerousness?
You will notice that when our former convict held a weapon, nobody died. When cops were allowed to hold weapons, someone did die. Put down your cop apologism for a moment and try to get over that very real difference. Try and consider if they hadn't gone in tasers blazing, maybe no one had to get hurt that day.

I've actually explained it (and you have ignored it), but to get to criminality, you need to satisfy all the elements of the crime, and so, OK, he brandished with intent - as it is, we are talking a misdemeanor here. Then justifications must be absent or inadequate.

Self-defense is one of the justifications, and the unifying condition of all justifications is proportionality. Since Sterling actually used zero violence (OK, you can quibble over wide and narrow definitions of "violence" but at least you can say that and that's more than what the police managed), proportionality is guaranteed. Since his action is justifiable, the only thing one can do, from a criminal law perspective, is to call it a "non-crime".
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