Stand-Your-Ground & Necessity Defense
Today's show briefs a use-of-force decision out of the Tennessee Supreme Court. Although the decision is from 2017, it covers a number of interesting use-of-force decisions.
In a Stand-Your-Ground state, does being engaged in unlawful activity at the time of the event cost you ONLY your Stand-Your-Ground privilee, or does it lose you the entirety of self-defense?
Who decides if you were engaged in unlawful activity at the time--the trial judge, on the one hand, or the jury, on the other?
Does the necessity defense apply when death is on the line?
The decision also covers a number of useful legal doctrines it's always useful to keep fresh in mind, such as the difference between appellate review de novo versus appellate review to abuse of discretion, and more!
This is a PRE-RECORDED show, given the July 4 weekend here in the US!
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Disclaimer - video is for educational purpose only.Copyright Disclaimer Under Section 107 of the Copyright Act 1976, allowance is made for "fair use" for purposes such as criticism, comment, news reporting, teaching, scholarship, and research. Fair use is a use permitted by copyright statute that might otherwise be infringing. Non-profit, educational or personal use tips the balance in favor of fair use.
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