Wednesday, March 04, 2009
Using Deadly Force
Q: I would like to know is it considered a justifiable murder if an individual breaks into your home and once they are in the residence you shoot and kill them although your life was not threatened nor the suspect had a weapon?

A: Certainly a vague scenario, so it is hard to say. The best answer I can give is the text of IC 35-41-3 which covers this portion of the law:
A person is justified in using reasonable force against another person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force. However, a person:
(1) is justified in using deadly force; and
(2) does not have a duty to retreat;
if the person reasonably believes that that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony. No person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by reasonable means necessary.

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posted by South Bend Police Department @ 4:06 PM  

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