I have just a little bit of experience in court... More time in court than most attorneys, in fact. (Most attorneys are not trial lawyers, so that's kind of a cop out...) I've testified in misdemeanor and felony trials, in state and federal court. And in both criminal and civil trials. My duties include assessing an officer's use of force/response to resistance, as well as reviewing and advising on our use of force/response to resistance policies.
Do you know how stupid and trite the "I'd rather be tried by 12" line is? And how much is wrong with that whole mindset? You are out of your depth.
You're trying to talk about preclusion, which applies regardless of duty to retreat laws -- and has nothing to do with your original post that said, in sum, the courts are going to look more kindly upon unarmed self defense than a pistol. And I've said that the means are immaterial -- the reasonableness and proportionality of the use of force in question is what will matter.
There's your problem -- right there. How you see it doesn't matter, and a fair is a place with rides and cotton candy.
Exactly. To wit, homicide. Whether it is murder or manslaughter depends on many factors -- and yes, it could most certainly be tried as murder in some jurisdictions if you played a significant role in instigating the violent encounter.
The question amounts to what a "reasonable person" would consider to be likely to cause significant bodily harm or death. Blackjacks are most certainly capable of this -- and would very likely lead to assault with a deadly weapon charges, especially if you hit someone in the head.. The Taser is a less lethal weapon; it is not likely to cause serious bodily harm or death, and Axon will say that nobody has died from the Taser, but rather from medical complications due to drugs, or from falls, or other factors. They actually have quite a bit of research, and it's largely publically available on their website. (www-dot-axon-dot-com) Pepper spray is also considered less lethal, as most people will simply suffer from it. A few are allergic, or otherwise experience complications. Again -- you are out of your depth.
Absolutely. See
here. Or
here. Or
here. I can't find the one I was looking for; I think it actually got discussed here on MT where an off duty cop got in a bar fight, punched someone who hit their head and died -- and was charged with murder.
I've never claimed to be an attorney. I'm not sure if we have any on this site; we don't inquire about professions.