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1921 Supreme Court ruling on standing your ground

Discussion in 'Politics, Elections & Legislation' started by Brian in Oregon, Jul 22, 2013.

  1. Brian in Oregon

    Brian in Oregon Well-Known Member

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    Deplorable Bitter Clinger in Liberal La La Land
    The anti-self defense people are going to have a hard time getting SCOTUS to throw out this 1921 SCOTUS decision which sets a precedent.

    This is handy info to have when debating the anti-self defense crowd.

    <i>"The law has grown, and even if historical mistakes have contributed to its growth, it has tended in the direction of rules consistent with human nature. Many respectable writers agree that, if a man reasonably believes that he is in immediate danger of death or grievous bodily harm from his assailant, he may stand his ground, and that, if he kills him, he has not exceeded the bounds of lawful self-defense. That has been the decision of this Court. Beard v. United States, 158 U. S. 550, 158 U. S. 559. Detached reflection cannot be demanded in the presence of an uplifted knife. Therefore, in this Court at least, it is not a condition of immunity that one in that situation should pause to consider whether a reasonable man might not think it possible to fly with safety or to disable his assailant, rather than to kill him. Rowe v. United States, 164 U. S. 546, 164 U. S. 558.

    Moreover, if the last shot was intentional and may seem to have been unnecessary when considered in cold blood, the defendant would not necessarily lose his immunity if it followed close upon the others while the heat of the conflict was on, and if the defendant believed that he was fighting for his life."</i>

    Brown v. United States, 256 U.S. 335 (1921) (opinion by Justice Oliver Wendell Holmes).
     
  2. slickhead

    slickhead Active Member

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    Jan 29, 1998
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    West Tenn.
    Nuff Said!!!!! Thanks