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Most (if not all) firearm self-defense courses will teach you that violent altercations can end in the following outcomes, sorted in order of preference:

  1. De-escalation - resolve the conflict before it gets violent
  2. Escape - run away from the assailant, rather than allowing the altercation to happen
  3. Shoot to kill
  4. Shoot to maim - try to harm the assailant in a way that wouldn't kill them

The justification for why #3 is better than #4 is that you won't have a witness in court when you're put on trial, so your odds become a lot better. But why is this the case? Wouldn't society prefer if self-defense altercations ended with the least possible amount of harm to the other party? Are there countries which try to actively encourage not shooting to kill by making self-defense more easy in that case?

  • Related: law.stackexchange.com/questions/53481/… – JonathanReez Jul 24 '20 at 18:50
  • @NateEldredge corrected the post. You can be tried for assault in that case. – JonathanReez Jul 24 '20 at 18:52
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    It seems it sin't a matter of desirability but simple practicality... If the "assailant" doesn't survive, there is (at least) one less person to give a different version of the events. You are more likely to convince people you fired in self defense, if the person shot isn't there saying that you attacked them without provocation. – Mr.Mindor Jul 24 '20 at 19:08
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    Taking a firearm instructor's lesson on law should be illegal. And, I would hope they say "disable from harming you" rather than "maim". – George White Jul 24 '20 at 22:11
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    "Shoot to maim" isn't a thing. When you hit someone in the leg, they don't magically start hopping. They fight through it and kill you. Or go into shock because you hit an artery. – Studoku Jul 25 '20 at 1:44
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What they teach in self-defense courses is legally irrelevant, though has a practical basis. Under the law, options 1 and 2 are "preferred" because those actions cannot be considered criminal. Shooting a person is potentially a crime (assault or homicide): but it can be legally excused under those circumstances deemed to be "self defense". If shooting a person is justified in self defense, it isn't assault or a homicide.

It is legally "better" to main than to kill, because maiming is less force than killing, and the general rule is that one should (or need to) use the least force necessary to defend yourself. That is because on the one hand you should not use force against another person, but on the other hand you have a right to live and if a person attempts to deprive you of your life, you are justified to use force to stop them. The degree of force allowed is related to the threat posed.

Every legal system encourages putting "shoot to kill" in last place – no jurisdiction favors using maximum possible force in self defense. I think what is confusing you is that as a practical matter, shooting to maim is riskier, and the consequences of erring in favor of less force may be your death. It has nothing to do with killing witnesses (which is illegal), even if that is what they taught you in your self defense class. Brandishing a weapon is also illegal but involves even less force, and is even less effective as a means of self defense.

  • Changed murder to homicide as you did not discuss mens rea and circumstances that might justify a murder charge – Trish Jul 26 '20 at 10:59
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Since firearms are lethal weapons, you can only be justified in using one on a person if you are justified in using it to kill. And, you are justified in using it to kill when that is the only reliable way to disable your attacker and protect yourself from imminent harm. Thus, if you use a firearm and your intent is only to wound, then you undermine your self-defense case, because it indicates that you yourself didn't believe lethal force was necessary. For proper self-defense with a lethal weapon, if the attacker survives, it should be only by accident that you didn't succeed in killing them and luckily gained enough time to escape regardless.

The implication of this is that if a non-lethal weapon were widely available and reliable enough to immediately disable an attacker, the legal basis for using lethal weapons in self-defense would start to disappear. The only reason firearms can still be used in self-defense is that we aren't to that point in non-lethal reliability.

EDIT: There may be a jurisdiction issue. In the US, at least, firearms are legally considered lethal weapons. Whether or not it's factual that "Disabling someone non-lethally is reasonably easy with a gun" (comment by Polygnome), this idea is not reflected in the doctrine of civilian self-defense. One must meet the requirements for use of deadly force just the same, even if death doesn't result. If the imminent threat does not justify killing, it does not justify shooting at all.

And practically speaking, trying to fire a gun at an attacker in an effective but non-lethal way -- even if it is possible with expert training -- is taking an unnecessary risk. Given that the situation has reached a point justifying deadly force, the goal for personal safety should be ending the threat as swiftly and certainly as possible.

The problem with "one should (or need to) use the least force necessary to defend yourself" in the other answer is that there is no situation where wounding with a firearm is valid self-defense but killing with a firearm is not. A non-fatal outcome is not legally "better" for the shooter but legally the same, when use of a firearm is allowed at all. (Of course, if the threat did not justify use of deadly force, then a non-fatal outcome may be legally better for the shooter: Being charged with assault or attempted murder is better than being charged with murder.)

An essay by a law professor makes some of these points:

If a less lethal means of defense is available, the use of deadly force is illegal. Firearms are by law deadly force.

A bullet...instantly disables only if it hits a couple of vulnerable spots, like the space between the eyes. A shot to the arm, the leg or even the torso may not stop an attacker.

Typically, a defender can lawfully use deadly force only to prevent death, rape, kidnapping or bodily injury serious enough to cause long-term loss or impairment of a body part or organ. But a nondeadly weapon can be used to defend against any threat of unlawful force.

  • Firearms can and are used to deter people from actions and to incapacitate without killing regularly. A warning shot before shooting the lower body or arms are generally preferably as I was instructed for guard duty in my term of service. – Trish Jul 26 '20 at 11:04
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    Firearms can be used to incapacitate people, e.g. shooting someone in the leg. Police in germany for example are taught to shoot not to kill and to try to incapacitate the attacker. Disabling someone non-lethally is reasonably easy with a gun if you have access to one, having access to specialized tools like tasers is not a given for self-defense situations. – Polygnome Jul 26 '20 at 11:11
  • @Polygnome If you've been shot by a gun there's always a notable chance it's lethal. Hitting the leg could severe the femoral artery, and even less immediately threatening wounds pose serious infection risks (and if you hit the joint then it's pretty much permanently destroyed). A gunshot is not always lethal, sure, and the sooner medical attention is received the more likely survival becomes, but if anything or anyone is giving you the idea that shooting someone in a particular way is non-lethal then you are gravely mistaken and likely they are idiots or worse. – zibadawa timmy Jul 26 '20 at 11:55
  • @zibadawatimmy There a huge difference between trying to incapacitate someone and accepting the risk of killing them, and shooting to kill in the first place. Yes, every gunshot wound is potentially lethal. No, you do not need to shoot to kill. The difference between those two actions is quite large and important. – Polygnome Jul 26 '20 at 12:02
  • @Trish See edit clarifying my objection to statements that firearms can be used in situations where non-lethal force is appropriate. – nanoman Aug 1 '20 at 16:09

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