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- Newsgroups: misc.legal
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- From: wdstarr@athena.mit.edu (William December Starr)
- Subject: Re: Shooting Gettingaway Carjackers Legal?
- In-Reply-To: feustel@netcom.com (David Feustel)
- Message-ID: <1992Nov24.010312.14969@athena.mit.edu>
- Sender: news@athena.mit.edu (News system)
- Nntp-Posting-Host: marinara.mit.edu
- Organization: Northeastern Law, Class of '93
- References: <1992Nov21.002211.27696@netcom.com>
- Date: Tue, 24 Nov 1992 01:03:12 GMT
- Lines: 42
-
-
- In article <1992Nov21.002211.27696@netcom.com>,
- feustel@netcom.com (David Feustel) said:
-
- > Now that carjacking is a federal crime, I'm wondering about the
- > legality of shooting a carjacker as he drives away with his stolen
- > car. This question occurred to me when I realized that the best
- > time to shoot would be after the carjacker thinks he's succeeded.
- > Most legal cases I've heard about say that shooting a fleeing person
- > is essentially manslaughter or murder.
-
- First of all, I don't believe that the "federalization" of the crime
- has any effect on the matter; it's still all controlled by the local
- (that is, state) laws regarding the use of deadly force, justifiable
- homicide, etc.
-
- Secondly, laws can and do vary, sometimes a _lot_, from state to state.
-
- Thirdly, within a given state the laws might vary depending upon the
- status of the shooter, especially whether the person is a civilian or
- a (presumably) trained law enforcement officer.
-
- Given all that, my general **GUESS** (this is NOT an official legal
- opinion or advice!) is that for most people in most states you're
- justified in shooting at a fleeing person who presents no immediate
- threat to you or other bystanders only in an incredibly narrow field
- of circumstances... basically, you have to have **damned good** reason
- to believe that the fleeing person intends to cause, and is capable of
- causing, serious injury or death to another person if he is not
- stopped immediately. This is not the sort of thing that comes up in
- most carjacking situations.
-
- (Of course, I'm only talking about the technical legal side of
- things... in practice, a district attorney has wide discretion in
- deciding whether to prosecute, and, of course, the defendant in a
- criminal case has the right to a trial by a jury which might be more
- interested in pinning a medal on him than in convicting him. (And,
- equally of course, non-prosecution or non-conviction on criminal
- charges would not shelter the shooter at all from a wrongful death
- civil lawsuit brought against him by the shootee's family...))
-
- -- William December Starr <wdstarr@athena.mit.edu>
-