yes u can it all depends on the level of force and the force used by the offender as a law enforcement officer the best way to dictate that would be to refer to the code book and check out case laws u can also check the internet a good case law that refers to that is TENESSE VS GARNER google it and see what pops up.
2007-08-07 13:45:04
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answer #1
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answered by Kenny J 1
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No and Yes, it depends on what kind of felony. There are many crimes that are felonious that are non-violent but there are many crimes that are felonious that are violent.
Take for example First Degree Intentional Homicide. If a person is trying to commit homicide, an officer is justifiable in his use of deadly force to stop the threat.
Now, take for example, a guy burglarizing a home, while this is a felony, a cop can't just shoot the guy. There needs to be a threat of great bodily harm to the cop or others.
Deadly force is by definition, the intentional use of a firearm or other instrument, the use with causes a great probability of death or great bodily harm.
An officer may use deadly force for situations when, by definition, any behavior which has caused or immediately threatens to cause death or great bodily harm to an officer or other person or persons.
So a simple answer to your question is yes and no.
2007-08-07 13:46:02
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answer #2
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answered by Anonymous
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Yes but this has a huge grey area, because not all felonies are violent crimes and in general most states only allow you to use deadly force in the midst of risk to your life or limb, for example if someone were to shoot at you and ran off and you were to shoot them on the run you would be charged with a crime, but if you were to shoot the same person before they got a round off while they were trained on you with their weapon you are granted self defense rights. Some states also have specifics on breaking and entering and allow deadly force upon entry on ones property usually this is refered to castle laws in reference to protecting ones castle. But different states have different rules on the line in which one may cross before deadly force is appropriate or legal. Also there are many felonies that do not involve violence that would certainly not warrant deadly force such as felony drug possessions or intent to distribute charges.
2007-08-07 13:46:46
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answer #3
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answered by silencetheevil8 6
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Would you shoot someone for writing a bad check? How about embezzlement? Maybe you prefer walfare fraud. All felonies are not equal. In most states deadly force is only acceptable to prevent the perpatrator from committing a murder or rape.
2007-08-07 13:49:53
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answer #4
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answered by K H 4
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Only if the felony is murder or something along those lines. There are a lot of felonies that aren't violent in nature (accounting fraud, failure to register with selective service, etc.) and you obviously can't shoot someone for that.
2007-08-07 13:46:16
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answer #5
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answered by Anonymous
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Third party self defense is a tricky one , better have a really really good reason . I read about a marine that defended his brother who was getting beat up by 2 guys . The brother kicked one of them in the head . The guys had like no serious damaged and the judge gave the marine 8 years for aggrivated assault , even though it was self defense . B.S.
2007-08-07 13:43:53
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answer #6
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answered by Jay 2
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No. Unless it is to stop someone who is threatening serious bodily harm or death, or in some states rape. You cannot use deadly force to protect property or otherwise. If you use deadly force against someone who is not an immediate physical threat, it is likely that you will be the one who is in the most trouble.
2007-08-07 13:43:02
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answer #7
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answered by muriel12 4
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I do believe it is legal to employ deadly force if someone is being harmed, and you stop the attacker.
2007-08-07 13:42:02
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answer #8
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answered by Anonymous
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No. The only time is in self defense and only to the degree that the danger is stopped. This depends on the state you reside in.
2007-08-07 13:44:10
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answer #9
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answered by B. D Mac 6
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I believe it depends on the circumstance.
Sadly some are trigger happy, but the majority of peace officers respect life.
2007-08-07 13:45:10
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answer #10
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answered by American Dissenter 5
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