The phrase 'reasonable deadly force'
has it's origin in the perception of the attacked that their life is threatened, and, that they may defend themselves, using deadly force. "Reasonable" applies to the mental perception of the victim. "Unreasonable" might be if a two year old was pointing a water pistol at you, and you strangled the child. Your belief that you were in fear for your life, under those circumstances, would be unreasonable, and, you would not have the privilege to use deadly force in response.
"The privilege to use force intended or likely to cause death or serious bodily harm exists if, but only if, the actor reasonably believes that the other's conduct threatens him with death or serious bodily harm or ravishment."
In other words, it's the belief of the ATTACKED person that their life is in danger, not anyone elses. This is helpful when an little old lady threatens you, and trys to rob you, with a water pistol, and, not knowing it's a water pistol, you shoot her. You would have to argue that you had a 'reasonable' belief, since it was your mother-in-law, that you knew to be insane, and had hated you since the day you first dated your daughter, that you REALLY, 'reasonably' believed she would shoot you, and, had a REAL gun.
As with much legalize, it gets twisted in the mouth of the police, who are not trained sufficently, and used improperly.
Quick story about a similar situation, as described in
the law section quoted.
I had just moved to Hawaii, and, had a couple black belts, plus, was in top competitive boxing shape at the time. I was looking for a place to train, and, one of the guys mentioned he was a Golden Gloves boxer. He weighed about 7 pounds less then I, so I said let's meet, and spar at the gym.
Guess in Hawaiianana, that was an invite for getting beat up. This guy called two of his prison guard buddies, one about 6'2" and 190, rock hard, the other 6'4" and 280.
I saw them hanging out, and didn't take any note. I, at the time, was about 5'11" and 160. Crossing Ke Nui road, an alley, going to my house, the smaller of the two jumped out of the bushes, and threw two, quick hooks to my jaw.
I took both, looked him straight in the eye, and said, "Who the f... are you?"
He said,
"You got a good jaw!"
I said,
"I know."
He started to circle, and I looked at him. Tatoo, ripped, shirt off, but, he had a BAD LEG. WTF was he thinking?
That means he can't move, and, I can kill his leg., using sweeps, and leg kicks.
Quick thought: I can leave, and this guy can't catch me, or, if I go at him, since he can't move, and, he's bigger then I am, I have to shift targets, eyes, throat, solar plex, etc. that will insure a quick end to this fight. I'm thinking maim, and, when you use such targets, death can occur.
Why, over something I know nothing about, other then this guy is attacking me, should I go there, when I can retreat? All of my masters always taught, when you have a choice, don't show what you have, and leave.
So I did. I went home, called the police, and, gave them a report. The guy on the other end of the phone, a police sarge, long time, said,
"I know who that is, I'll take care of it."
He also asked me why I didn't slaughter the guy, and I explained the above to him.
Next day, I get a phone call. Since I had just moved over, not many friends knew the phone number.
"Hi, who is this."
"Hey bra. I'm the guy that tried to beat you up in the alley."
Me thinking, "GREAT, now he has my phone."
"Why are you calling me?"
"Well, my uncle came over, and beat the s.... out of me(His uncle is the sarge I talked to at HPD). He said, if I didn't call and apologize, he was going to put me in my own prision(turns out the two big guys are prison guards: JUST GREAT!!!;-), so, I'm sorry."
"Why did you attack me?"
"Because our brudda said you wanted to fight."
"I wanted to spar..." (Haole-Hawaiian language problem of interpretation)
"Hey bra, would you teach me how to fight? We need a good a martial arts instructor."
And here, I made the BIGGEST mistake of my 10 year stay in the Islands: I said no.-(
What I learned later, was that would have been my 'in' as a Haole boy, and, that would have been invaluable, dealing with the island, etc. down the road. Once you are 'in' with the Hawaiians, they will cover your tail all the time, as I learned later, living on the Makaha side of the island, thanks to The Kealuanas, Brian in particular.
Thank God I spent those 10 years prior, training my tail off, getting ready to try and box in the Olympics, etc.
If not, I would have been one of those haoles they find, knocked cold, and proped up against a tree...
S
PS
Can you imagine what life would have been like,or what little I would have had, if I had pulled a gun, and shot a prison guard, who was related to the police, and, then I end up in the same prision, with his brother as a guard???
Thank GOD I didn't have my gun with me at the time...
"Reasonable deadly force" seems like "a little bit pregnant." You either use deadly force or you do not, but you don't use "degrees" of deadliness. Just what kind of minute control over the deadliness would be expected or required of the defender??