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Apr 13, 2017 at 13:00 history edited CommunityBot
replaced http://law.stackexchange.com/ with https://law.stackexchange.com/
Jan 30, 2017 at 1:06 history edited Dale M CC BY-SA 3.0
expanded meaning of unlawful order
Jan 29, 2017 at 21:37 comment added feetwet @WBT – The justification for use of force is always based on the information available to the actor at the time of the action. Ex post knowledge is not a factor. So if it turns out the shooting victim was dialing his mother to wish her a happy birthday, but the shooter reasonably thought the victim was about to press a button to detonate a bomb in a crowded market, then the shooting should be adjudicated "justified." During existential crises under martial rule the consequences of non-compliance can be deemed so costly that the threshold for "reasonableness" can expand accordingly.
Jan 29, 2017 at 20:31 comment added WBT Yet the call wasn't for any of those purposes, nor did the would-be shooters have any specific evidence indicating that it was. (The call was actually for the opposite purpose: to convince someone NOT to cause imminent grievous bodily harm to another). Is it OK for a shooter to claim justification based on the fact that these possibilities exist?
Jan 29, 2017 at 20:16 history answered feetwet CC BY-SA 3.0