Case 5.2
Vincent is awoken in the middle of the night by a sound outside his house. He takes a loaded .38 pistol from his nightstand and proceeds downstairs to his kitchen to check on the noise. He encounters a stranger in his kitchen. The stranger hits him in the face knocking him to the floor. As he gets up his see the man running out his kitchen door. Vincent shoots the man through the kitchen door.

-Why is Vincent not justified in shooting the man?

Question

Case 5.2
Vincent is awoken in the middle of the night by a sound outside his house. He takes a loaded .38 pistol from his nightstand and proceeds downstairs to his kitchen to check on the noise. He encounters a stranger in his kitchen. The stranger hits him in the face knocking him to the floor. As he gets up his see the man running out his kitchen door. Vincent shoots the man through the kitchen door.

-Why is Vincent not justified in shooting the man?

Quizplus · Accepted Answer

The castle exception applies to the use of deadly force inside one's own home or dwelling, but it requires that the person reasonably believe the attack threatens death or serious bodily injury. In this case, Vincent had already been hit and knocked to the floor and the intruder was running away at the time of the shooting, so it was not reasonable to believe that the intruder posed an imminent threat of death or serious bodily injury. Therefore, Vincent's use of deadly force was not justified.

Case 5.2 Vincent Is Awoken in the Middle of the Night by Night