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Old 09-11-2003, 12:05 PM   #27
Timber Loftis
40th Level Warrior
 

Join Date: July 11, 2002
Location: Chicago, IL
Posts: 11,916
Skunk was accurate about the .50 BMG-meets-burglar-and-neighbors scenario. If you use force against someone in self-defense, it is a whole different legal test that gets applied to YOU. Part of that test will be "reasonableness." As the .50 M2 Browning BMG is likely un unreasonable reaction (as well as an outright hazard to have around) to the threat of burlary, I'd guess you'd be in a heap of trouble for killing.... maybe not for the burglar, but as for the neighbor, their house, their kids, their dog -- well, you get the picture.

NOw, don't forget the guy can attack the underlying crime. Perhaps he was robbed of all his clothes and being chased and sought refuge. Necessity defense. See, if he wasn't guilty of the underlying criminal charge, it will be very difficult to hold his culpable for the murder -- as you will have to do the standard (guilty mind and premeditation/rage) analysis. In such an instance, I can't see him being on the hook for more than manslaughter -- perhaps even the negligent version of manslaughter rather than the intentional version (again, I'm not familiar with the exact breakdown of death crimes in Alabame).
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