Would this be a defense?

[zoanemesis]

Ok so I was working last night and I was wondering, say if your deathly afraid of something like your absolute biggest fear and you run into it. For example lets say your afraid of clowns and somebody in a clown suit decides to attack you unarmed as a prank. Since your terrified of clowns, you would be in fear for your life so you shot the clown. Do you think that would be a justified shooting? My guess is probably not unless you had it on record of some sort but I was just curious what your opinions were on the subject.

[XACEX]

fear for your life has to be reasonable as judged by a jury, so the short answer is NO, it is not a valid defense

[gascolator]

Ok so I was working last night and I was wondering, say if your deathly afraid of something like your absolute biggest fear and you run into it. For example lets say your afraid of clowns and somebody in a clown suit decides to attack you unarmed as a prank. Since your terrified of clowns, you would be in fear for your life so you shot the clown. Do you think that would be a justified shooting? My guess is probably not unless you had it on record of some sort but I was just curious what your opinions were on the subject.

I believe it has to be a reasonable fear.

[streaker69]

I believe it has to be a reasonable fear.

I think there is a reasonable reason to fear clowns.



John Wayne Gacy

[zoanemesis]

I believe it has to be a reasonable fear.

Yea but if its the thing your scared of the most and its attacking you, you would be scared for your life and since its the thing that your most afraid of wouldn't you think that would make it reasonable? What would be the definition of reasonable?

[spartakis252]

Interesting thread to stumble upon shortly after watching Spawn.

In my opinion, it wouldn't be justified if the "attacker" is unarmed and is not threatening you.

Spinning your question, if someone is afraid of guns and they see you open carrying is it justified for them to kill you based on the fact they are afraid of guns?

[zoanemesis]

Interesting thread to stumble upon shortly after watching Spawn.

In my opinion, it wouldn't be justified if the "attacker" is unarmed and is not threatening you.

Spinning your question, if someone is afraid of guns and they see you open carrying is it justified for them to kill you based on the fact they are afraid of guns?

I agree its not justified if they are just afraid of guns. But my question was if the thing your afraid of is unarmed but ATTACKING you would you be justified based on your extreme fear of it.

[capitolcop]

REASONABLE PERSON STANDARD

A phrase frequently used in tort and Criminal Law to denote a hypothetical person in society who exercises average care, skill, and judgment in conduct and who serves as a comparative standard for determining liability.

The decision whether an accused is guilty of a given offense might involve the application of an objective test in which the conduct of the accused is compared to that of a reasonable person under similar circumstances. In most cases, persons with greater than average skills, or with special duties to society, are held to a higher standard of care. For example, a physician who aids a person in distress is held to a higher standard of care than is an ordinary person.

[spartakis252]

I agree its not justified if they are just afraid of guns. But my question was if the thing your afraid of is unarmed but ATTACKING you would you be justified based on your extreme fear of it.

To answer that directly, No fear of "it" is not justifiable. If "it" is attacking and there is "fear for your life" then yes. If you cannot distinguish between the two then you will be in...a tough spot. Just because your afraid of something doesn't make it more or less justifiable. If anything it makes you more liable for your actions.
It boils down to are you in fear for life because you are being attacked? or are you in fear for your life because you are being attacked by a clown?

[PaTom]

What would be the definition of reasonable?

What the jury will find to be reasonable. Reasonable to you may not be reasonable to them.