Situational / hypothetical question - how would you handle?

Status
Not open for further replies.
Posted by Uteridge: In a robbery in a public place I am not getting involved if there are no shots fired. If those robbers decide to move people to a move private place (store room, kitchen, etc) then you have to assume the worst and make your play.
Bingo!

That brings to mind the story related by Massad Ayoob about the retired Marine who was ordered to the back of the store during an armed robbery. Read about it here.

Posted by JustinJ: Back to the OP, what are thoughts on the legalities of acting? My understanding would be that if the robber is brandishing a weapon one would be fully justified in using lethal force, regardless of wether or not one believes it the best tactical decision.
In most jurisdictions, the use of deadly force to prevent a forcible felony such as an armed robbery is justifiable.

The issue is one of a reasonable belief that the use of force was necessary and not excessive. The actor would be responsible for his or her own expenses in the event of an investigation or further proceedings.

Injury to innocents of course could result in civil suits.
Yes, of course, and if it were argued that the actor had failed to take into account readily foreseeable risks (say, by firing an unaimed barrage or firing when third parties were known to be behind the target), charges of criminal negligence could enter into the picture.

A friend of mine who served in a major police department for many years and who participated in investigations and trials involving police shootings and the attendant the civil liability of his municipality, can be expected to emphasize, whenever a discussion such as this one comes up, that he is not about to put everything he owns at risk to defend anyone but himself and his family.

Personally, I'm willing to extend that circle just a little to include others whom I know well if necessary, but I have not seen what he has.
 
Injury to innocents can lead to criminal charges. You don't get a criminal liabiity pass because you were the good Guy.
 
"Injury to innocents can lead to criminal charges. You don't get a criminal liabiity pass because you were the good Guy."

If you accidentally shoot an innocent, the bad guy shoots and innocent after you engage him or both? I can't imagine criminal charges if your actions result in the bad guy shooting an innocent.
 
Posted by JustinJ: If you accidentally shoot an innocent, the bad guy shoots and innocent after you engage him or both?
If you shoot an innocent, and if there is evidence that, in so doing, you exhibited reckless disregard of known risks, you can be charged.

The robber would be criminally responsible, also.

I can't imagine criminal charges if your actions result in the bad guy shooting an innocent.
I wouldn't want to test it.

What might mitigate against you? How about taking a shot at a robber who is pointing a gun point blank at someone, before there is any indication that the robber would shoot.

But if shooting had already started, and you acted responsibly, it would likely be a different story.
 
Status
Not open for further replies.
Back
Top