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In review we discussed the "delivery system". This element is determining when the harm is imminent. our basic rule of thumb is the line of sight unbroken by cover for a firearm, 21 feet or less for an edged weapon and 10 feet or less for the rare unarmed deadly threat. We must consider the theory of preclusion, that is has every other possible alternative been considered short of using deadly force.
Wisconsin does not have a duty to retreat but if the ability to retreat without jeopardizing one's/ other's safety was possible this could affect the outcome of justification. Remember the five principles in self-defense are "innocence, imminence, proportionality, AVOIDANCE and reasonableness". Some states have the "stand your ground" clause where you do not have to "avoid". Wisconsin is not one of the 22 states that have this provision in their self-defense statute. If there is time to give a warning do so, if taking the extra time to give a warning would jeopardize safety then it is implied that the actor could or should have known the consequences of the threatening act. Intent can be displayed or indicated. If one failed to drop the gun when ordered and instead began swinging it towards your direction in a shooting grip this would imply they were an imminent threat to shoot.
When we have all of these elements of imminence we are justified to shoot and STOP the threat. We then must adhere to three "target requirements"; 1) target identification 2) target acquisition and 3) target isolation. These will be explained in more detail in the next blog post. Until then, stay warm!