|
From Tennessee law perspective......
You may use deadly force in any situation in which you reasonably fear death or serious bodily injury. There is no duty to retreat. However, if you instigated the altercation, or if it was mutual, and the situation escalated to the point where you had such fear, you must attempt to leave the situation or vocalize your intent to do so and fail before resorting to deadly force.
The defense statute for a third party is exactly the same. If you have a reasonable fear of someone else being subjected to death or serious bodily injury, you may resort to deadly force or the threat of deadly force.
This seems to make it just as clear cut as if you were defending yourself. However, notice the mutual combat or instigator clause in the provision. It is much easier to determine that YOU were not the instigator, or if so, you tried and failed to abandon the situation, than it is to tell if a third party is the true victim.
In the situation above, this is clearly a mutual combat situation. In Tennessee, the guy without the bat would have to attempt to leave or express his desire to do so, and the bat wielder would have to persist, in order for you to be justified in intervention.
This is much more difficult in third party situations. Concealed weapons are surprise self defense weapons to be used in extreme circumstances. You should be doubly as cautious when considering the use of that weapon on behalf of a third party.
------------------
"Give Me Liberty or Give Me Death" - Patrick Henry
|