Question

Masked Bandit.

Barry, who owned a small convenience store, was robbed when a masked bandit entered his store and demanded his cash while pointing a gun at him. As the bandit ran out of the store, Barry grabbed his own gun and shot the bandit in the leg. When the police arrived, Barry was arrested along with the thief. Barry claimed that no charges should be brought against him because his action in shooting the robber was justified. The police also searched the convenience store and found evidence of illegal drugs for which Barry was arrested. When Barry complained about the search, the officer in charge told him that because the state police were involved, federal constitutional rights were waived. Barry is trying to obtain legal representation in an attempt to get out of jail, but cannot afford a lawyer because he just spent all his funds buying the illegal drugs for resale that have now been confiscated by the police. Sam, another inmate, asks Barry if the officers explained his rights to him; but Barry only recalls being arrested, hustled into the police cruiser, and whisked off to jail. Which of the following is true regarding Barry's claim that he was engaged in a justifiable use of force?

Answer 1

The answer is: Barry is incorrect because his use of force was not necessary to prevent death or great bodily harm to himself or another or to prevent the imminent commission of a felony.

The key to this case is the time when Barry chose to shot the robbers. If Barry chose the robber while the robber is in his close proximity and turn his attention toward Barry, the shot could be justified as self-defense.

But in this situation, Barry made the shot after the robber fled and no longer cause a life threat for Barry. Because of this, we can make the argument that the force is no longer necessary.