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My Paladin killed a child molester (and now my DM wants to take away my powers!)
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<blockquote data-quote="Dannyalcatraz" data-source="post: 1567908" data-attributes="member: 19675"><p>Re: my post:</p><p></p><p></p><p></p><p>Others have responded:</p><p></p><p></p><p></p><p></p><p></p><p>I'm an attorney in the gunslinging state of TX.</p><p></p><p>If there are reasonable alternatives to using deadly force in defending yourself- such as an easy escape route-you may in fact have to go to trial. And a peace officer is usually required to identify himself before using deadly force unless there are exigent circumstances.</p><p></p><p>But the law is a little bit different for civilians, especially those acting in defense of another. Since the average citizen isn't trained in law enforcement techniques, they aren't held to the same standard as peace officers. And here, we have a PC who, while a shining beacon of Law and Order, is not indicated to be an actual Officer of the Law. He is a citizen. He is not required to assess the various possible outcomes and options to the same extent as one trained in law enforcement. "Excessive force" is used almost exclusively a landmine for officers, not civilians.</p><p></p><p>Tx penal code</p><p>Section 8.05. of the Texas penal Code.</p><p></p><p></p><p>Serious bodily injury can be any flavor of assault. from an beating to sexual attack. Note, no wording of "no alternative" or requirement of taking other actions.</p><p></p><p>In fact, on a flow chart of the Model Penal Code (enacted with minimal variation in most USA jusrisdictions, Tx included), under Justification as a defense against a charge of any kind of homicide, it reads:</p><p></p><p></p><p></p><p>Other sections note that you can't use it when resisting arrest or in defense of property.</p><p></p><p>In modern Texas, the Paladin might go to jail for carrying an illegal weapon, but probably not for what he did with it in this case.</p></blockquote><p></p>
[QUOTE="Dannyalcatraz, post: 1567908, member: 19675"] Re: my post: Others have responded: I'm an attorney in the gunslinging state of TX. If there are reasonable alternatives to using deadly force in defending yourself- such as an easy escape route-you may in fact have to go to trial. And a peace officer is usually required to identify himself before using deadly force unless there are exigent circumstances. But the law is a little bit different for civilians, especially those acting in defense of another. Since the average citizen isn't trained in law enforcement techniques, they aren't held to the same standard as peace officers. And here, we have a PC who, while a shining beacon of Law and Order, is not indicated to be an actual Officer of the Law. He is a citizen. He is not required to assess the various possible outcomes and options to the same extent as one trained in law enforcement. "Excessive force" is used almost exclusively a landmine for officers, not civilians. Tx penal code Section 8.05. of the Texas penal Code. Serious bodily injury can be any flavor of assault. from an beating to sexual attack. Note, no wording of "no alternative" or requirement of taking other actions. In fact, on a flow chart of the Model Penal Code (enacted with minimal variation in most USA jusrisdictions, Tx included), under Justification as a defense against a charge of any kind of homicide, it reads: Other sections note that you can't use it when resisting arrest or in defense of property. In modern Texas, the Paladin might go to jail for carrying an illegal weapon, but probably not for what he did with it in this case. [/QUOTE]
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