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Old November 16, 2009, 11:40 AM   #149
Wagonman
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Join Date: September 11, 2008
Location: Chicago, IL
Posts: 1,014
Quote:
The question of the actor's intent becomes important in the DA's analysis of whether there is evidence that the homicide was a criminal act and therefore the actor should be charged.
If the evidence is strong enough that the actor appropriately used force to stop a potentially lethal attack, the DA should conclude that the the homicide was justifiable and that no prosecution is warranted. But if there is sufficient evidence to support the proposition that the actor intentionally went beyond what was reasonably needed to stop the threat, the DA would probably prosecute. Now the actor becomes the defendant, and he must convince a jury that he was legally justified to use lethal force


Which ironically where shooting to stop becomes relevant.

No one other than a soldier on a battlefield has the right to kill another person. However, you have the right and duty to stop the threat from killing or grievous injury.
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