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Old June 25, 2012, 05:19 PM   #24
Joe_Pike
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Join Date: December 30, 2010
Posts: 1,581
Quote:
Maybe. But probably not.

The section of the black law to which you are alluding speaks of the use of deadly force against a person who unlawfully enters, remains after unlawfully entering, or attempts to unlawfully enter a dwelling, residence, or vehicle lawfully occupied by the actor. Such force is justified, with limitations.

The problem lies with what is not written in the black law. The jury instructions place additional limitations that have to do with whether the occupant had reason to believe that he or she or others were in imminent danger at the time.

The jury instructions have been approved by the Missouri Supreme Courts, so it is not necessary to speculate about what would happen in the event of an appeal.

As I understand things, justification depends upon whether the homeowner is "put in fear of unlawful force", which is not defined. Imminent fear of death or serous bodily harm is not required. One of the authors of the jury instructions stated "you have to have a reasonable belief that it is necessary to defend yourself from the imminent use of unlawful force."

Lay people often say something like "in my state, the law says I can shoot someone....", "the law authorizes me to shoot....", or "I am within my rights to shoot if....". I really do not like that phraseology. The law really does not "authorize" any citizen to shoot another.

Rather, the laws are written in such a way that when one finds it immediately necessary to shoot another person for self-preservation or to prevent certain forcible felonies, he or she will be excused for having done so, depending upon the circumstances.

The laws vary among jurisdictions.
Sometimes it seems fuzzy here in MO. When you take a CCW class they tell you that you can use the force that a "reasonable man" would use in the same situation. I feel that I am a "reasonable man" and I didn't feel that my life was in danger...at that point. There was a news story a few years ago here in the town I live in about a lady shooting someone through her sliding glass door. The guy was wounded and then arrested at the Hospital. No charges were brought against her.

I choose to err on the side of caution. I would use force if I did feel in imminent danger, but I have no desire to do so. Sometimes I feel that some folks look forward to a day where they can use deadly force.
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