rulemylife
Posts: 14614
Joined: 8/23/2004 Status: offline
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quote:
ORIGINAL: OrionTheWolf The law is not absolute, otherwise it would not require interpretation. Did he feel that the assailant still posed an immediate and grave threat to those left in the store? Would that be the "normal" thought (based upon a jury of his peers and evidence provided)? If the answer to both of these are yes, then it is Justifiable Homocide by reason of Self Defence, which can be used in defence of another that is in danger. Sitting in front of a liquor store, Joe Citizen, who has a CCW and several courses in firearms use and safety, sees a masked individual shoot three people and flee. Joe Citizen exits the vehicle, commands the fleeing felon to stop, but the felon does not, so Joe Citizen shoots them in the back, and the wound kills them. Depending upon the state, most would rule this as Justifiable Homicide. All of the elements are present for that defense. Sorry, but no, there is no state in which Joe would not be arrested. Whether he would find a sympathetic jury to exonerate him is a different matter, but concealed carry permits are not intended to create a pseudo police force of armed citizens to take it upon themselves to enforce the law. There are exceptions to that of course. The primary one being if Joe was in the liquor store and feared for his life. Another being if Joe was preventing, or had reason to believe he was preventing, the suspect from harming someone else. Shooting a fleeing suspect in the back, no matter what crime he is believed to have committed would not fall under the umbrella of justifiable homicide. Justifiable homicide - Criminal Law Lawyer Source Justifiable homicide is the killing of one person by another that is committed without malice or criminal intent. When a person commits a justifiable homicide they are not guilty of a criminal offense. Homicide can be considered justifiable homicide if it is committed in self defense, the defense of others, while trying to prevent of serious crime, and in the line of duty.
< Message edited by rulemylife -- 5/31/2009 3:40:09 PM >
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