General Categories > Laws and Legislation

Gray areas in Self Defense

(1/4) > >>

depserv:
There are some areas I think are gray regarding whether or not the law would consider deadly force justified.  Does anyone have any ideas about which side of the line the following would be on?

1. I see someone about to set fire to my neighbor's house in the middle of the night; I don't know whether my neighbor is home or not.  Say the arsonist is pouring a large quantity of liquid fuel around so my neighbor, if he is home, might not be able to get out safely once a fire started, but I couldn't say for sure he couldn't get out.

2. Someone is about to throw a Molotov cocktail at my house.  If I shoot him to stop him, would I have to prove that I could not have escaped from the house after the fire started?

3. Out of town where police are maybe miles away, someone says he's going to go to his car and get his rifle and kill me with it.  I have a little pistol.  If I wait where I am and do nothing, once he gets his rifle I can't stop him with my little pistol.  Would it be considered justifiable for me to follow him to his pickup and shoot him as soon as he gets a hand on his rifle?

Bucket:

--- Quote from: depserv on April 29, 2013, 03:23:26 PM ---There are some areas I think are gray regarding whether or not the law would consider deadly force justified.  Does anyone have any ideas about which side of the line the following would be on?

1. I see someone about to set fire to my neighbor's house in the middle of the night; I don't know whether my neighbor is home or not.  Say the arsonist is pouring a large quantity of liquid fuel around so my neighbor, if he is home, might not be able to get out safely once a fire started, but I couldn't say for sure he couldn't get out.

2. Someone is about to throw a Molotov cocktail at my house.  If I shoot him to stop him, would I have to prove that I could not have escaped from the house after the fire started?

3. Out of town where police are maybe miles away, someone says he's going to go to his car and get his rifle and kill me with it.  I have a little pistol.  If I wait where I am and do nothing, once he gets his rifle I can't stop him with my little pistol.  Would it be considered justifiable for me to follow him to his pickup and shoot him as soon as he gets a hand on his rifle?

--- End quote ---
1.  Good question.  I think I'd call 911, grab the weapon and head next door to make sure they got out, at least in the scenario you offer.  Response would depend on the reaction of the arsonist.
2.  My understanding is you have no requirement to retreat in your own home.  A molotov cocktail is a weapon that could harm you and your family, particularly if you were trapped in a burning house.  I'd think self defense is justified.

NE Statute 28-1409 is probably the applicable law:
(4) The use of deadly force shall not be justifiable under this section unless the actor believes that such force is necessary to protect himself against death, serious bodily harm, kidnapping or sexual intercourse compelled by force or threat, nor is it justifiable if:

(a) The actor, with the purpose of causing death or serious bodily harm, provoked the use of force against himself in the same encounter; or

(b) The actor knows that he can avoid the necessity of using such force with complete safety by retreating or by surrendering possession of a thing to a person asserting a claim of right thereto or by complying with a demand that he abstain from any action which he has no duty to take, except that:

(i) The actor shall not be obliged to retreat from his dwelling or place of work, unless he was the initial aggressor or is assailed in his place of work by another person whose place of work the actor knows it to be; and

(ii) A public officer justified in using force in the performance of his duties or a person justified in using force in his assistance or a person justified in using force in making an arrest or preventing an escape shall not be obliged to desist from efforts to perform such duty, effect such arrest or prevent such escape because of resistance or threatened resistance by or on behalf of the person against whom such action is directed.

3.  I think you wouldn't be authorized.  Law indicates that "that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force by such other person on the present occasion."

Lawyers?

RedDot:

--- Quote from: depserv on April 29, 2013, 03:23:26 PM ---2. Someone is about to throw a Molotov cocktail at my house.  If I shoot him to stop him, would I have to prove that I could not have escaped from the house after the fire started?


--- End quote ---
Aim for the bottle... ;D

Wymore Wrangler:
As it was explained to me, you cannot use deadly force to stop someone from stealing property, and arson is essentially stealing property from someone.  If you saw someone about to throw a cocktail, again, a crime hasn't happened until after he throws it.  And just the mere statement about getting a gun, I think you would spend a lot of time in jail on that one.  Your time in court would depend greatly where the trial in this state occurred, in rural Nebraska, folks tend to have more common sense on these matters...

WallPhone:
> If you saw someone about to throw a cocktail, again, a crime hasn't happened until after he throws it.

IIRC, just constructing the cocktail, without obtaining the prior ATF "destructive device" permission and paying the tax is a crime.

I'm not going to ask a potential arsonist to show me his tax stamp before I decide to shoot.

Navigation

[0] Message Index

[#] Next page