NRS 200.200  Killing in self-defense

Mikes_Z06_vette

Mathew 5:9
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#1
NRS 200.200  Killing in self-defense.  If a person kills another in self-defense, it must appear that:
1.  The danger was so urgent and pressing that, in order to save the person’s own life, or to prevent the person from receiving great bodily harm, the killing of the other was absolutely necessary; and
2.  The person killed was the assailant, or that the slayer had really, and in good faith, endeavored to decline any further struggle before the mortal blow was given.
[1911 C&P § 137; RL § 6402; NCL § 10084]

Can someone please break this down for me, because the more I read it over and over the more I’m condused...

endeavored to decline any further struggle before the mortal blow was given.

Decline further struggle? Struggle for safety? Struggle for survival? Struggle to stop the use of deadly force?

TY in advance

Mike
 
#2
"the person killed was the assailant" - If you pick a fight, and are getting your ass kicked, you can't use deadly force.


"endeavored to decline any further struggle" - reads to me: "tried to avoid continuing fight/ escalation"
 

jfrey123

I aim to misbehave...
Staff member
Moderator
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#3
The take I’ve always gotten from reading it and discussion from different CCW instructors is that the “mortal blow” should absolutely be a last resort. If you get a chance to disengage, such as bad guy running away from you or surrendering, then you must decline further struggle.

That fine line between legitimate self-defense versus murder.
 

Felid'Maximus

Beware of Cat
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#4
2.  The person killed was the assailant, or that the slayer had really, and in good faith, endeavored to decline any further struggle before the mortal blow was given.

...

endeavored to decline any further struggle before the mortal blow was given.

Decline further struggle? Struggle for safety? Struggle for survival? Struggle to stop the use of deadly force?

Basically, you can only claim self-defense after killing someone if the person you killed started it, unless if you started it but gave up and the other person then decided he was going to kill you in cold blood, then it could also be self-defense.

Example 1:

Bob attacks Joe with a knife. Joe pulls out a gun. Joe shoots Bob dead.
Joe's actions constitute self-defense.

Example 2:

Bob attacks Joe with a knife. Joe pulls out a gun. Bob drops the knife and then rolls into a ball on the floor. Joe shoots Bob dead.

Joe's actions DO NOT constitute self-defense because the force was no longer necessary to protect Joe's life from an IMMEDIATE threat.


Example 3:

Bob attacks Joe with a knife. Joe pulls out a gun. Bob stabs Joe to death. Bob's actions do not constitute self-defense because he was the original aggessor.

Example 4:

Bob attacks Joe with a knife. Joe pulls out a gun. Bob drops the knife and rolls up into a ball on the floor. Joe then walks up to Bob and begins to shoot him repeatedly in the side. Bob grabs his knife and pulls Joe's leg, bringing him to the floor, and stabs Joe to death.

Bob's action constitutes self-defense in killing Joe, because although he was the original aggressor, he declined further struggle before the mortal blow was given.

Bob can still be prosecuted for his initial assault, but his ultimate killing of Joe amounts to self-defense.
 

Tophog

Biker Trailer Trash
Staff member
Moderator
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#6
Basically, you can only claim self-defense after killing someone if the person you killed started it, unless if you started it but gave up and the other person then decided he was going to kill you in cold blood, then it could also be self-defense.

Example 1:

Bob attacks Joe with a knife. Joe pulls out a gun. Joe shoots Bob dead.
Joe's actions constitute self-defense.

Example 2:

Bob attacks Joe with a knife. Joe pulls out a gun. Bob drops the knife and then rolls into a ball on the floor. Joe shoots Bob dead.

Joe's actions DO NOT constitute self-defense because the force was no longer necessary to protect Joe's life from an IMMEDIATE threat.


Example 3:

Bob attacks Joe with a knife. Joe pulls out a gun. Bob stabs Joe to death. Bob's actions do not constitute self-defense because he was the original aggessor.

Example 4:

Bob attacks Joe with a knife. Joe pulls out a gun. Bob drops the knife and rolls up into a ball on the floor. Joe then walks up to Bob and begins to shoot him repeatedly in the side. Bob grabs his knife and pulls Joe's leg, bringing him to the floor, and stabs Joe to death.

Bob's action constitutes self-defense in killing Joe, because although he was the original aggressor, he declined further struggle before the mortal blow was given.

Bob can still be prosecuted for his initial assault, but his ultimate killing of Joe amounts to self-defense.
BOB! Why is it always Bob? :smile5:

-

Regards, Bob