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This assignment is a written essay containing 500 words covering the topic below. The essay must be at least 500 words or more and written in proper APA format. This will require a cover page, body narrative, and a reference page. NOTE: The cover page and the reference page DO NOT count towards the 500 words. Remember this is APA only, it must contain in-text citations and properly cited references. DO NOT use wikipedia, no new articles, news agencies, no news channels, or magazines. These are not credible sources. Make sure the question is answered completely. You can use the book as a reference and other reliable sources.

Your completed assignment will be uploaded through canvas. Also, please do not use Essay Chapter 4 as part of your title. It is recommended that you create your own essay title. Something that you create out of your own words and thoughts.

Topic:

A man and his wife leave a nightclub and are confronted by a robber wielding a knife as they reach their car. The robber threatens to kill them if they do not give him all their money and jewelry. The husband assures the robber that he left his wallet in the car. The robber tells him to retrieve the wallet, but to be careful because he will kill the man’s wife if he tries any tricks. The man actually retrieves a loaded pistol; turns and fires the weapon; killing the suspect.

Question:

What charges will be filed against the man, if any? Does the husband rely on lawful use of force? Why? Why not?

1 Answer

5 votes

Answer:

Title: The Legality of Using Deadly Force in Self-Defense: A Case Study

In the scenario presented, a man and his wife were confronted by a robber wielding a knife as they reached their car. The robber threatened to kill them if they did not hand over all their money and jewelry. The husband then retrieved a loaded pistol, turned and fired the weapon, killing the suspect. The question now is what charges will be filed against the man, if any, and whether the husband relied on lawful use of force.

In most jurisdictions, the use of deadly force is justified only when it is necessary to prevent imminent death or great bodily harm to oneself or another person. In this case, the husband could argue that he used deadly force to protect himself and his wife from the robber who was armed with a knife and had threatened to kill them. However, the use of deadly force is not justified if the attacker no longer poses an imminent threat, and the use of non-lethal force or retreat would be a reasonable option.

Moreover, the husband's use of deadly force may also be justified under the "castle doctrine," which allows individuals to use deadly force to protect themselves and their property against intruders in their own homes. However, in this case, the incident occurred outside of the couple's car, which is not considered their home, and the use of deadly force may not be justified under this doctrine.

Depending on the state, the husband may be required to retreat or use non-lethal force if he can do so safely, instead of using deadly force. However, in some states, such as the "stand your ground" states, individuals have no duty to retreat and may use deadly force if they reasonably believe it is necessary to prevent imminent death or great bodily harm.

Therefore, the legality of the husband's use of deadly force in this case depends on the specific laws and circumstances of the jurisdiction where the incident occurred. If the use of deadly force is deemed lawful, then no charges will be filed against the husband. However, if the use of deadly force is not justified under the law, then the husband may be charged with various criminal offenses, such as manslaughter or murder.

In conclusion, the legality of using deadly force in self-defense is a complex issue that depends on the specific laws and circumstances of the jurisdiction where the incident occurred. In this case, the husband could argue that he used deadly force to protect himself and his wife from the robber who was armed with a knife and had threatened to kill them. However, whether the husband relied on lawful use of force depends on the specific laws and circumstances of the jurisdiction where the incident occurred.

User Chris Pearce
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