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Old July 1, 2009, 10:24 AM   #96
Ricky B
Senior Member
 
Join Date: November 3, 2002
Posts: 251
Quote:
If the homeowners truly "tracked the man down" as is stated in the story then it is probably straight up murder. THEY became the aggressor.
Yes, if they were looking to beat him. The term "aggressor" implies a self-defense analysis, and once the BG flees, self-defense is no longer available.

No, if they were looking to find and hold him for the cops. If they were looking to find and hold him for the cops, they were looking to effect a citizen's arrest even if they didn't think of it that way. Then self-defense is irrelevant for the pursuit, and the pursuit is eminently legal. If the felon uses deadly force to resist arrest (even by a citizen), the felon is the aggressor, and the citizen is entitled to a claim of self-defense.

A felon does not have a right to resist arrest. Believe it or not, there have been robbers who have shot police and claimed self-defense because the police were shooting at them. The courts have said self-defense is not available as a defense in that situation.
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