Cool. I don't imagine it had been dreamed up when I took the class. The one I was in was still somewhat "experimental" I'd say. I think it was H&H's second one.
Cool. I don't imagine it had been dreamed up when I took the class. The one I was in was still somewhat "experimental" I'd say. I think it was H&H's second one.
You took the words out of my mouth.. I agree 100%
bean,
Try this one that occured recently...
http://www.newson6.com/global/story.asp?s=11869868
this is the OSA Link it's on page 2 of Self Defense and Concealed Carry
http://www.okshooters.com/forums/showthread.php?t=77819
Try this one that occured recently...
http://www.newson6.com/global/story.asp?s=11869868
this is the OSA Link it's on page 2 of Self Defense and Concealed Carry
http://www.okshooters.com/forums/showthread.php?t=77819
I agree with this statement (except the killing mysefl part
) and didn't intend my questions to indicate otherwise. I could not see myself standing by while innocent people are hurt or killed when I had the ability to stop it. I'd rather live out the rest of my life in jail knowing I did the right thing than live out the rest of my life knowing I did nothing.Nevertheless, I'd still like to hear a good explanation on why these two statutes seem to contradict each other. I'm not trying to be a jerk, I'm honestly just trying to learn and understand the law so I know my rights and responsibilities.
Oklahoma Uniform Jury Instructions from the Court of Appeals....seems to address the difference between 733's specific reference to family and employees/employers and the Stand your Ground reference to simply "Another".
Seems you would fall under Justifiable use of force to prevent offense rather than justifiable homicide...of course your use of force must meet the "reasonable" test.
OUJI-CR 8-3
DEFENSE OF PERSON -
JUSTIFIABLE USE OF FORCE TO PREVENT OFFENSE
A person is justified in using reasonable force in aid or defense of another person who is about to be injured during the commission of a crime.
______________________________
Statutory Authority: 22 O.S. 1991, § 33.
Notes on Use
This instruction is appropriate where the defendant used reasonable force to prevent a crime in which personal injury was imminent. In contrast to OUJI-CR 8-2, supra, the use of force is not restricted to the protection of specific persons from death or great bodily harm. OUJI-CR 8-14, infra, should be used instead of this instruction if the defendant reasonably believed that the victim was attempting to commit a felony in a dwelling where the defendant was lawfully present. OUJI-CR 8-15, infra, should be used if the defendant reasonably believed that the victim might use physical force against an occupant of a dwelling.
Committee Comments
In Whitechurch v. State, 657 P.2d 654, 657 (Okl. Cr. 1983), the Oklahoma Court of Criminal Appeals required a jury instruction to be given that covered the defense in 22 O.S. 1991, § 33. The Court noted that this defense complemented and to a certain extent overlapped the principles of self-defense and the defense of others.
Seems you would fall under Justifiable use of force to prevent offense rather than justifiable homicide...of course your use of force must meet the "reasonable" test.
OUJI-CR 8-3
DEFENSE OF PERSON -
JUSTIFIABLE USE OF FORCE TO PREVENT OFFENSE
A person is justified in using reasonable force in aid or defense of another person who is about to be injured during the commission of a crime.
______________________________
Statutory Authority: 22 O.S. 1991, § 33.
Notes on Use
This instruction is appropriate where the defendant used reasonable force to prevent a crime in which personal injury was imminent. In contrast to OUJI-CR 8-2, supra, the use of force is not restricted to the protection of specific persons from death or great bodily harm. OUJI-CR 8-14, infra, should be used instead of this instruction if the defendant reasonably believed that the victim was attempting to commit a felony in a dwelling where the defendant was lawfully present. OUJI-CR 8-15, infra, should be used if the defendant reasonably believed that the victim might use physical force against an occupant of a dwelling.
Committee Comments
In Whitechurch v. State, 657 P.2d 654, 657 (Okl. Cr. 1983), the Oklahoma Court of Criminal Appeals required a jury instruction to be given that covered the defense in 22 O.S. 1991, § 33. The Court noted that this defense complemented and to a certain extent overlapped the principles of self-defense and the defense of others.
Thanks SMS, that helps.
that's one fence I hope to never fall off! 
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