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Old May 3, 2009, 07:39 PM   #52
JuanCarlos
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Join Date: July 22, 2006
Posts: 2,459
Quote:
OK, so as a store owner, I confront a man who I believe to be shoplifting. I attempt to escort him to security to await the law. When I do so, the miscreant pulls out a knife. I draw a firearm and shoot him dead.

Did I just use deadly force to protect property? Should I have backed off and let him go? If so, at what point? When I saw him steal? When he pulled the knife? If all store owners let shoplifters go, how long until all stores are out of business?
No, at this point you used non-deadly force (stopping him to escort him, and that may not even have been force at all) to protect property. Then, when he drew a weapon, you used deadly force to defend your life.

In the case of the farmer, the weapon was already clearly visible, and in fact it was the item being stolen (the truck), and the farmer placed himself in a position such that the deadly confrontation was imminent. If you saw a kid running with a knife, you'd be somewhat silly to intentionally put yourself in his path to force the confrontation.

I'm comfortable with the outcome, legally, only because I don't trust any legislature to write a law allowing people to "stand their ground" when necessary but forbidding one to actively place themselves on "ground" that must be "stood" intentionally. In the end, I'll take this tragedy (and I'll take the somewhat controversial position that it is a tragedy) over the risk that more people will be prosecuted for legitimate self-defense.

EDIT: Actually, that last was worded poorly. At the time of the shoot, it was quite certainly legitimate self defense. I can't think of a better way to put it, though. *shrug*


As for your other question, nearly all stores have a firm policy of not physically stopping shoplifters, and they certainly don't want employees stopping armed shoplifters. Even the couple "mom n' pop" joints I worked at had a firm "just let them go" policy, and many major chains will straight-up fire you for crap like that. Largely because their exposure to liability (for your injury, or for the injury of somebody who turns out to not be shoplifting, or whatever) outweighs any property you might recover. Obviously actual owners and their families may take greater liberties.

And despite the fact that such policies are commonplace, stores continue to operate from coast to coast. So how long? The only answer I can give you is "not yet."

Quote:
Seems that if he were so eager to put himself in the position to be able to justify shooting that "rambo" would have also finished off the fleeing driver...No witnesses
Good point. My inner skeptic ain't always right, and I know this.
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