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Reply #138: Of course not. [View All]

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huskerlaw Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Apr-08-10 03:30 PM
Response to Reply #135
138. Of course not.
Our statutes that define murder have exceptions. In this case, you'd be talking about self-defense. If someone is in the act of doing something that is likely to immediately lead to the death or serious injury of someone else (like the Holocaust Museum shooter, who was in the process of killing people), then people have the right to defend themselves.

That actually doesn't mean that the shooter didn't retain his due process rights. The security guards did break the law and commit murder. However, there's a defense to murder in that case. But I guarantee you there was an investigation into the situation to ascertain whether or not the shooter was actually shooting and whether or not self-defense was warranted. Nobody got to just declare it to be a legitimate use of force, unquestioned and uninvestigated.

Regardless, that isn't the situation that the OP was referring to.
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