Two men are accused of beating a criminal
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Perhaps I didn't make myself clear. I would respond with force. But I wouldn't beat the guy half to death. I'd beat him until he was no longer a threat, then I'd call the cops.Raoul Duke, Jr. wrote:If someone enters your property and either A) commits a crime, or B) has committed crimes on your property in the past as a matter of practice, you have several options. The main options are to let the criminal succeed, in which case he will probably do it again, call the police (and file a report, because he'll be gone by the time they get there) or respond with force.
Then you're in danger of your life, and you beat the fuck out of the guy.Responding with force is likewise not always safe. The baseball-bat user was lucky the individual he struck didn't have a gun. Conversely, the erstwhile thief was lucky the baseball bat was the weapon used against him rather than a gun.
We are in agreeance.I agree that striking the man while he was down probably constitutes excessive force, but that would depend on what the bat-wielder saw -- the man on the floor may have been reaching for a firearm, or giving the appearance of such an action, in which case the man with the bat perceived that he was only forestalling a potentially fatal escalation of force.
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