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Mike Goes Out of Town on a Business Trip

Question 32

Multiple Choice

Mike goes out of town on a business trip.His wife Brenda remains at home.Mike is due to return on Friday.Late Thursday night Brenda awakens to a noise.Fearing it is a burglar,Brenda grabs the pistol from the bedside table.At that moment she notices a figure walking quietly down the hallway.Without waiting,Brenda fires a shot at the figure.A voice cries out,"Don't shoot! It is me Mike.I came home early." Brenda turns on the light to discover that she has shot Mike in the hand.She calls 9-1-1.In a few minutes an ambulance and a police officer arrive.Mike is taken to the hospital while the police officer interviews Brenda.As to Brenda's shooting of Mike:


A) Brenda was legally obligated to determine the identity of her target prior to discharging the pistol. Her discharge of the firearm and subsequent injury to Mike were not legally justified.
B) Brenda's use of deadly force was justified if she reasonably believed that Mike was a burglar.
C) Brenda was legally obligated to use deadly force only as a last resort. She should have called 9-1-1 and tried to exit the house instead of shooting Mike.
D) Brenda was legally obligated to warn the intruder before discharging the pistol. Without the warning,her shooting of Mike could be considered aggravated assault or attempted murder.

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