If a criminal robs you at gunpoint, then starts to run away, is it legal to shoot him in the back, in order to recover the stuff he stole? I think it's legal to shoot criminals to prevent them from shooting you, but in this example there isn't any threat that they'll shoot you anymore. If you can't shoot them to get your stuff back, then what is the alternative? The cops might not be able to find them, and you might not be able to catch them in a chase. Plus if you try, they might shoot you. Do you just have to let them get away with stealing your stuff?
2007-09-02 13:06:27 · 9 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Once upon a time you could do so without much of any problems. Now in most, if not all, states it would be considered murder due to the perversion of the system. Though with a good lawyer and the right jury, in the right State, you might be able to walk away with a not guilty by way of self-defense.
The only alternative is as you say, letting them get away with it and forget about it since the chances of the perpetrator being caught is slim to none. Which is exactly what pretty much anyone in the LE community will advise. Unfortunately, such crimes get low priority, in most areas lower than the priority of handing out speeding tickets.
But if you shoot a criminal, they will be all over you like white on rice.
2007-09-02 13:36:55 · answer #1 · answered by Anonymous · 2⤊ 0⤋
Eh, in the TV show Dexter, Dexter would probably do it if he had a very good reason and very good evidence. In the real world however, shooting someone in the back is pretty much cold blooded murder. Even the police aren't allowed to shoot a fleeing suspect in order to catch him/her, even if they don't shoot to kill, because the use of a gun by a police officer is still considered deadly force. I took a criminal justice class and on one of our tests/quizzes (I forget which it was now) one of the questions was about a suspect fleeing from a scene and the officers telling the suspect to stop, etc. and the question was if the officers had the right to shoot. I should have got the answer wrong but the teacher gave me credit because I had the officers shoot the suspect in place where it wouldn't do any harm... just where the suspect wouldn't be able to sit for a while... :) But, there is a court case called Tennesse v. Garner that ruled about reasonable force and shooting suspects... http://en.wikipedia.org/wiki/Tennessee_v._Garner
I probably babled a lot more than necissary.
2007-09-02 15:04:00 · answer #2 · answered by addicted2hockey060607 2 · 1⤊ 0⤋
The answer to your first question is no; - it is illegal to shoot a criminal in the back in order to recover stolen goods. Actually, regardless of what many people think, there are a few pre-requisites to killing a criminal. There must be imminent threat to your life, you must comply with the duty to retreat rule (which means if you can get away without harming them, you should do so), and there's another, but I just can't remember it at the moment. All of the pre-requisites must apply before you are legally able to kill a person (at least here in the States).
The alternative is to either (a) not get robbed, (b) run them down and fight for your belongings, or (c) hope that he/she is identifiable and that the police catch him/her.
A long story, short - no, you don't just have to "let them get away," but that doesn't mean you can shoot them either.
2007-09-02 13:23:06 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I have always heard you can't shoot them in the back, but given the fact that they are robbing you, taking something from you that you worked for? I would shoot.
2007-09-02 13:16:03 · answer #4 · answered by Anonymous · 2⤊ 0⤋
It depends upon the state.
In Ohio, you can shoot the man, while he's got the gun pointed at you, but not when he turns to leave.
There's a name for people who use deadly force in the defense of property -- they're called convicts -- and they're in prison for murder.
You can maim them -- but, you can't use potentially lethal force (proximate cause rule). You could use a b.b. gun, baseball bat . . . it isn't expected to be a possibility that when you bash somebody's legs with a baseball bat for stealing your junk that they'll die . . . so, it isn't a potentially deadly force -- I say . . . keep a loaded bb gun (or taser) near the door . . . and when they turn to run, tase the hell out of 'em -- and then call your attorney.
2007-09-02 14:08:43 · answer #5 · answered by Anonymous · 0⤊ 0⤋
If you do you better shoot to kill other wise he'll testify against you. While i bet it's not legal you could tell people it was in defense. Or that he had a gun aimed at you.
2007-09-02 13:15:24 · answer #6 · answered by williebaznj 2 · 1⤊ 0⤋
The previous writer is in error. He does not understand the English law system which we inherited.
2007-09-02 13:47:59 · answer #7 · answered by Bibs 7 · 0⤊ 0⤋
What makes you think that a mugger is going to be stupid enough to leave you with a gun? More likely they are going to take your gun and shoot you with it.
2007-09-02 13:15:37 · answer #8 · answered by milton b 7 · 0⤊ 1⤋
i wish
2007-09-02 13:33:28 · answer #9 · answered by Anonymous · 2⤊ 0⤋