Tuesday, June 21, 2016
"Instant Reflex Reaction"
I just finished reading Deadly Force and one of the cases mentioned is that of Raul Rodriguez. I have not been able to find the full video, which is some 20 minutes, but the parts I have seen reminded me of a client I had. I used to do home healthcare for mentally retarded people, and one of the clients talked about something he called "instant reflex reaction" which was basically his legal theory for getting away with hitting people--it involved someone touching him in some way and him responding with a punch and claiming it was just an "instant reflex reaction" and he didn't mean it, Oh so sorry... And of course, if the real victim got pissed and beat his ass he was still safe, because according to him the law protected the mentally handicapped... Raul Rodriguez seems to have attended this guy's seminar because he uses every buzzword he possibly can and yet so obviously does not have what Ayoob refers to as "the mantle of innocence": "Throughout, the law-abiding armed citizen must maintain the mantle of innocence. Think f the mantle of innocence as a legal cloak that shields the wearer from successful accusation of wrong-doing. The defender must not have provoked the encounter, must not have started the fight, or an element of guilt and wrong-doing will accrue. If it lay within the defender's power to end the argument or abjure from the conflict, but instead he "kept the ball rolling" and things predictably escalated, he may very likely be held to have been at least partially at fault."