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The Range
Law & Order
Disparity of Force - A question for OSA Legal Eagles
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<blockquote data-quote="Werewolf" data-source="post: 2249162" data-attributes="member: 239"><p>IANAL so my research may be flawed. I did an extensive search on the internet re: disparity of force as a recognized legal principle in Oklahoma and cannot find any references to it. As I stated in another thread, in 2003 Doug Friesen taught in a CCW class that DOF was not a recognized legal principle in OK. </p><p></p><p>All the references I found relating to disparity of force eventually end up back to Ayoob. The one OK reference that I did find was on a Stillwater Concealed Carry Org site which flat stated that disparity of force was justification in OK but didn't reference any statute or case law to back that claim up - instead only referencing the writings of Ayoob.</p><p></p><p>A question for our licensed attornies on OSA: Is disparity of force a legal principle recognized in OK? Is it indirectly recognized or directly? Is it statutorily recognized or does case law make DOF a justification for using lethal force?</p><p></p><p>In other words if a 25 year old unarmed NFL Defensive lineman attacks a 70 year old guy that's out of shape, overweight, old and slow would disparity of force justify the old guy shooting the young guy to stop the attack?</p></blockquote><p></p>
[QUOTE="Werewolf, post: 2249162, member: 239"] IANAL so my research may be flawed. I did an extensive search on the internet re: disparity of force as a recognized legal principle in Oklahoma and cannot find any references to it. As I stated in another thread, in 2003 Doug Friesen taught in a CCW class that DOF was not a recognized legal principle in OK. All the references I found relating to disparity of force eventually end up back to Ayoob. The one OK reference that I did find was on a Stillwater Concealed Carry Org site which flat stated that disparity of force was justification in OK but didn't reference any statute or case law to back that claim up - instead only referencing the writings of Ayoob. A question for our licensed attornies on OSA: Is disparity of force a legal principle recognized in OK? Is it indirectly recognized or directly? Is it statutorily recognized or does case law make DOF a justification for using lethal force? In other words if a 25 year old unarmed NFL Defensive lineman attacks a 70 year old guy that's out of shape, overweight, old and slow would disparity of force justify the old guy shooting the young guy to stop the attack? [/QUOTE]
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