Doug Huffman
Banned
"Shooting the Intruder - Wisconsin Law of Self Defense & Defense of Others"
http://wisconsincriminallaw.blogspot.com/
Note the absence of "Be innocent of instigation." That may be because Wisconsin has provisions for 'imperfect self-defense' in its law.
http://wisconsincriminallaw.blogspot.com/
Be in reasonable fear of bodily harm.Wisconsin Criminal Law said:Here, for those who care, is the basic Wisconsin law on when you may use deadly force - hell, when you can shoot an intruder - in self defense, defense of others, and defense of property. This discussion is drawn right from the approved Wisconsin Jury Instructions on these issues. Shooting the Intruder - Wisconsin Law of Self Defense & Defense of Others
1. You reasonably believed that someone was actually harming or about to harm you or others (technically, called "interference with your person").
Use sufficient force only to deliver oneself from evil.Wisconsin Criminal Law said:2. You reasonably believed that deadly force (force which is either intended to kill or likely to kill) was needed to prevent great bodily harm to you or others.
3. Your belief is reasonable if it is what any average Joe would also believe under exactly the same circumstances; not how a Madison jury of hand-wringers might later feel you should have acted, but viewed strictly from your standpoint in the face of danger.
Attempt to withdraw.Wisconsin Criminal Law said:4. In Wisconsin you have absolutely no legal duty to retreat from the threat, although if it was possible to beat a safe, fast retreat that can be considered by those jurors later as one of many circumstances you, the average Joe, faced at that very moment.
Note the absence of "Be innocent of instigation." That may be because Wisconsin has provisions for 'imperfect self-defense' in its law.