- Joined
- Sep 27, 2023
Lawfags, what's the likelihood this gay nigger goes to prison?
AFAIK, there are generally five elements to a claim of self-defense (Illinois law may differ a little)
1. Imminence - threat must be immediate - no way for Nick to tell how much danger he was actually in, given that he is a very controversial figure who probably gets a good number of death threats, and he was just doxxed. However, this is way more binary in situations were someone is walking up to you with their hand in their pocket like if they were reaching for a gun (this is what police say to get away with lethal force, "he was reaching for a gun"). In this case, yes there was a stranger at his door after he was doxxed, but it could have been just a new neighbor introducing themselves as much as an actual threat
2. Proportionality - force used must be proportional to the attack - the girl didn't attack Nick, but at least he wasn't an idiot and came out with a gun. You can't just "pre-emptively" attack someone
3. Avoidance - defender must avoid situation if possible - this was within Nick's property at his front door, but he simply could have just not opened the door
4. Reasonableness - were the actions taken reasonable given the circumstances - again, Nick is a controversial figure who gets a lot of threats, of course he'd be naturally paranoid. This is perhaps Nick's best argument he could give
5. Unlawful aggression - was the defendant the aggressor? That is the central question in this case
IF he were ever charged and this went to trial, both the girl and Nick have decent arguments, so it would come down to 1) how sympathetic either party is to the jury and 2) if Nick could convince a jury on all elements of self-defense (even failing just one is good enough for conviction). Self-defense law is way more complex that what the media makes it look like, there's good reasons why dodos who blow away shoplifters with a shotgun get convicted
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