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According to Judge O'Donnell, "Brelo's entire use of deadly force was a constitutionally reasonable response to an objectively reasonably perceived threat of great bodily harm from the occupants of the Malibu, Russell and Williams".
"She obviously wasn't armed, was not a threat to anyone, and nor could she have reasonably perceived to be," he said.
The measure also said that handguns, as well as other legal firearms like rifles and shotguns, must be kept unloaded and disassembled, or equipped with trigger locks — unless there was a "reasonably perceived threat of immediate harm" in the home.
Finally, the board's power to act derives from its fundamental duty and obligation to protect the corporate enterprise, which includes stockholders, from harm reasonably perceived, irrespective of its source.
We find that Paramount's tender offer was reasonably perceived by Time's board to pose a threat to Time and that the Time board's "response" to that threat was, under the circumstances, reasonable and proportionate.
The Indianapolis metropolitan police department policy on use of force states that while officers are expected to move out of the way of a moving vehicle, they are not restricted from using deadly force against the operator of a vehicle "when it is reasonably perceived that the vehicle is being used as a weapon against the officers or others".
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The key component of the law is that it allows lethal force when a person reasonably perceives a serious threat of harm and such force is reasonable under the circumstances.
If they did not reasonably perceive a threat, or if they acted with disproportionate force, then something more troubling happened, and the incident requires further legal scrutiny.
His desire for public decorum in the face of what many people reasonably perceive to be an unjust judicial arrogation of legislative and executive powers makes me wonder, for example, whether he would have urged abolitionists to tone down their angry rhetoric when the Supreme Court delivered the abominable Dred Scott decision.
Finally, we note that although Time was required, as a result of Paramount's hostile offer, to incur a heavy debt to finance its acquisition of Warner, that fact alone does not render the board's decision unreasonable so long as the directors could reasonably perceive the debt load not to be so injurious to the corporation as to jeopardize its well being.
Washington's self-defense law is much older, and has been interpreted by the courts — in cases dating back at least to the 1930s — as saying that a person has no obligation to retreat if he or she reasonably perceives a dire threat.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com