thefirstamerican :
if a burglar breaks into 7-11 store with a loaded gun and demands cash, then the clerk pulls out a shotgun in response, then the burglar shoots the clerk to defend himself. should he be acquitted of murder because he was self-defense against an armed clerk?
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{ 4 comments }
I’m sure that defense would be attempted, but the robber initiated the whole thing by committing armed robbery in the first place. The clerk has the right to defend him/herself by whatever means necessary.
If you walk into a store (with a loaded weapon) with the intent to rob said store, anything that goes wrong from that point forward is on your shoulders.
Self defense imply s that you are the one that is attacked. Anyone breaking in anywhere is not on the defense they are on the offense and the owner of said property is defending the property and or them self from said attacker.
Not under the conditions you specified.
If the criminal has a gun the clerk has every right to use deadly force to defend themselves, the robber cannot claim self defense.
If, for instance, a person broke into a 7/11 in shorts and a T-shirt and grabbed a 40oz and started to run. Next, the clerk pulled out a shotgun and shot and killed the burglar, the clerk would likely be charged with a crime. Even though the robber initiated the crime, the clerk used extremely excessive force to end a crime where the clerk’s life wasn’t in immediate danger.