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<p>Of course, BUT this not in the middle of a fight. Opportunism should not be confused with being reactive in a live situation. </p>
<p>The example you cite is vigilantism because they saw an opportunity, were NOT in actual danger, were not being attacked, and they did quickly plan and CHOOSE to attack. No way near the same as reacting in the middle of an actual fight where you were not the initial aggressor.</p>
<p>The qualitative difference is the gang above could have seen the other gang and could have calmly and rationally chosen to walk away. There is NO such thought process going on when when your life is perceived as in danger; at such a time, one is instinctively in fight or flight mode. Literally, self-preservation at all costs.</p>
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<p>For the lawyers, sure. For the people living the actual situation, no.</p>
<p>Hormones re endorphins, adrenaline, epinephrine and a couple others do not have rationally-controlled “OK, I shut down now and instantly go back to normal” buttons. (Could not happen anyway because of their half-lives, even if there was an instant shut-off switch).</p>
<p>When triggered in the situation the man experienced, the body could stay in fight or flight mode sometimes for hours and days really depending on the level of trauma, which is individual specific per situation. This is why cops often tell family members after such events to be careful for a day or two or three because X might be jumpy and may lash out without meaning to at a noise or a quick movement and accidentally hurt someone. </p>
<p>These elevated hormone levels can even exist until the person burns so much energy “being up” that they just pass out. Given this, why in the world is anyone expecting rational thought just 15 or 30 seconds after being attacked and hormone levels are now peaking? Only lawyers can think that is medically and humanly possible. </p>
<p>I have to agree with @Torveaux here - way too much technical lawyering in the past tense and not enough medical understanding of “Holy crap, I was just beaten and will possibly be killed here, and my hormones are thru the roof” on this thread.</p>