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- ╒════════════════════════╕
- │ Filename: LTHLFRCE.TXT│
- ╞════════════════════════╡
- │ Title: Lethal Force Law│
- ╞════════════════════════╡
- │ By: Captain Hack │
- ╞════════════════════════╡
- │ Released: 09/17/95 │
- ╞════════════════════════╡
- │ Danger: ░░░░░░░░░░ │
- ╘════════════════════════╛
- All info about laws in this file taken without permission from a
- November 1994 issue of _Guns & Ammo_. Go ahead. Sue me.
-
- The following cases justifying lethal force in PA, NJ, and DE are
- only generalizations. Each law is riddled with qualifying language, and it
- is too long and complex to explain in this text file. These are basic rules,
- but you can always check into specifics for your state. I'm only listing
- PA, NJ, and DE, because this is my tri-state area, and I'd be amazed if any
- of these text files ever got outside that area.
-
- First, I'll take a moment to define the basic characteristics of ANY
- justifiable homicide. They are:
- 1) Death or serious bodily injury is threatened, or the defender
- reasonably believes it is.
-
- 2) The threat is imminent, here and now. The threat or fear of some
- future deadly intent alone will not justify deadly force
-
- 3) The threat is UNLAWFUL
-
- 4) Deadly force is reasonably believed to be required to end the
- threat
-
- Now note the abundant use of the word "reasonably". That does not mean just
- reasonable to YOU, but it essentially means "Can you make the jury think that
- your use of deadly force was REASONABLE".
-
-
- Deadly force is justified... PA NJ DE
-
- o in defense of self X X X
- o in defense of ANY other person X X X
-
- Deadly force is justified to
- prevent...
-
- o robbery, rape or kidnapping X X X
- o a forceable felony X
-
- A defender can stand his ground...
-
- o to prevent arson of habitation X X X
- o to prevent property theft X
- o to prevent felony prop. theft X
- --------------------------------------------------------------
-
- Note that in most states, you are required to retreat from a lethal situation
- if that is a safe alternative to using deadly force. The one "exception" to
- this is in the case of invasion of the home: Lethal force is justified when
- any unlawful intruder into your home poses a believable threat. This is to
- say that for the most part, any burgler, who displays ANY form of "weapon",
- down to things like the crow bar he jimmied your door with, can be shot.
- Also note that in most situations, non-lethal force is much easier
- to beat the rap on than deadly force. Example: A junkie punk breaks into
- your house. While you have legal justification to kill him, if you just shoot
- him in the knees, so he can never walk again without a cain, you've still
- put him in extreme pain for the rest of his life, and you're much more likly
- to beat the rap.
- BEWARE: If you utilize lethal force on ANYONE, you will most likly
- be charged with murder in the second degree, and you will have to plead
- "Not guilty by reason of..." and whatever justification you intend to use.
- Thus, if you cannot justify to a jury that your lethal force was warrented
- and required, you could be convicted of MURDER 2.
-
- --hack
-