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Posts Tagged ‘use of force’

Use of Force Case

Posted on: March 30th, 2014 by admin 1 Comment

LOUISVILLE, KY – TARC bus stabbing that occurred on March 14, 2014.

 

Grand jury declines to indict man accused of stabbing

 

Conrad said there are “going to be people in our community that don’t agree with this decision,” but that a person can use force to protect themselves.

“This is the way the criminal justice system works in our country,” he said. “The law does allow the use of force, including the use of deadly force, to protect your life.”

 

 

 

 

Considerations:

-Allen, acting erratically and who was verbally abusive according to witnesses has the right to self defense when confronted with physical force

-Allen attempted to retreat/flee and get off the bus but was unable to do so

-The group of six teens then attacked him

-Allen responded to this force by utilizing a knife to fight off his attackers

 

  • ABILITY
  • OPPORTUNITY
  • INTENT/JEOPARDY
  • PRECLUSION

 

Did this group of six teens have the ability to cause Allen death or great bodily injury? Did they create the opportunity to do so by closing space and attacking him? Was this intent and/or place Allen in jeopardy? Did Allen attempt to preclude having to use force by retreating?

Could the altercation have been avoided? Did Allen have to utilize the level of force that he did?  Could the six younger attackers have killed him? Did Allen attempt to verbally and physically diffuse or prevent the teens from closing space? Was Allen’s use of force reasonable and necessary to prevent or terminate force being used against him? These are questions to consider.

 

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