Compos mentis!

[R9SCarry]

In the hopefully unlikely event any of us here is actually gonna get into a gun fight!  I wonder, the actual state of mind at time of an ''incident'' ...... how much might this be seen as either mitigating or prejudicial??

I mean ...... if I was up and about ... and got ''involved'' I would be probably totally compos mentis ... rational and awake.  OTOH - if woken out of a deep sleep by some slimeball sneaking into my house ... not so sure I'd be fully compos mentis!!

Legal eagles here .... does this have any bearing or influence on the outcome of a shooting?

[Richard S]

Chris:

One could write an extensive law review article on the subject you mention.  The statutes and cases vary from state to state.  Some states are more permissive than others when it comes to a homeowner's right to use deadly force against an intruder.  Even in most of the more permissive states, however, the law will require that the homeowner come forward with evidence that deadly force was required.  After all, while the intruder might be a stone-cold serial killer, he or she might also be some unarmed and confused teenager looking for something to fence in order to feed a habit.  And there is always the problem of some ambitious prosecutor who aspires to higher office.  Each case will turn on its own facts and the law of the particular jurisdiction.  

All of this is deadly serious stuff.  However, as the maxim goes, "I'd rather be tried by 12 than be carried by 6."  

Stay safe.

RS

[R9SCarry]

I think Richard you pretty much summed up what was lurking in the back of my mind.

I guess the real problem is that possible ''decision time'' . The time within which you have to make the decision to shoot - or not.  How long does it take?  If too delayed .. is a bullet bound for oneself?  The state of mind at the time could IMO be critical.  I sure as heck as I get older am more than ''soggy'' when woken from deep sleep! #

I do tho fully subscribe to the ''rather be tried by 12 ............. ''

[Richard S]

Chris:

Yes, I too am often "soggy" when awakened by unknown circumstances around 3:00 am,  and I too have worried about my "situational awareness" in that condition.  I just try to do the best that I can and hope that I am up to whatever develops.  My experience, though,  has been that the adrenalin rush kicks in rather quickly in such situations.

RS