Texas-Book-Gun Law Armed And Educated - Flipbook - Page 157
PRACTICAL
LEGAL TIP
such as a person should have used no force, less force, or retreated
before using force. The legal presumption of reasonableness is a
powerful tool for anyone facing a criminal charge and claiming
legal justification.
A legal presumption is not
an absolute ticket to victory.
A prosecutor may attempt to
overcome the presumption with
other evidence that shows you did
not act in self-defense. —Edwin
D. No presumption of reasonableness: prosecutors are allowed
to second-guess
As we discussed above, under certain circumstances, the law will
presume the reasonableness of a person’s belief that force or deadly
force is immediately necessary. However, if a person uses force
or deadly force under circumstances that do not qualify for this
presumption, the issue of whether a belief of the immediate necessity
to use force or deadly force was reasonable is left to the jury, and
prosecutors are allowed to second-guess the reasonableness of the
timing and/or degree of force used by a defendant. Accordingly,
when a defendant does not qualify for a legal presumption,
a prosecutor has the opportunity to argue that a person’s use of
force or deadly force was not immediately necessary. This allows
for arguments in court like “should have retreated,” “should have
used lesser force,” and so forth. In many circumstances (such as
situations involving defense of property), no legal presumption of
reasonable belief is afforded for uses of force or deadly force at all!
146 | CHAPTER SEVEN
