Let's say the cops kick in the wrong door, and the resident, thinking it's a home invasion, puts a bullet thru the cop's head before realizing it's a cop.
Would it be likely that the prosecutor would accept the “ignisecond” defense, or would he be charged with "murder one" (in the unlikely case the resident survived).
In the Middle East they have a tradition of stories, kind of like Aesop's Fables. These involve a fellow named Nasruddin who is both wise and stupid. One story goes like this:
A man went to Nasruddin in a very distressed state. "Nasruddin!" he said. "I have terrible news! My ox broke through the fence and gored your prize ox! What shall we do?"
Nasruddin became very serious and said, "That ox was worth as much as your house! The matter is clear -- you must pay me immediately!"
The man smiled and said, "In my excitement, I may have told the story badly. You see, Nasruddin, the ox that escaped was yours. And the prize ox which was gored was mine. But, the end result is the same. When will you pay me?"
"Not so fast! exclaimed Nasruddin. "A case like this can be surprisingly complicated! I suggest we take the matter to my brother the magistrate ..."
“Looks like an “ignisecond” kind of event to me. ignisecond – [Sniglet] the overlapping moment of time when the hand is locking the car door even as the brain is saying, “My keys are in there!” Still Manslaughter, not murder.
Let’s say the cops kick in the wrong door, and the resident, thinking it’s a home invasion, puts a bullet thru the cop’s head before realizing it’s a cop.
Would it be likely that the prosecutor would accept the “ignisecond” defense, or would he be charged with “murder one” (in the unlikely case the resident survived).”
Sometimes, the citizen prevails, but prosecutors tend to side with the police. In these days of multiple recordings, having a recording of the events is likely the best chance a citizen has of prevailing.
In Indiana the resident might be ok:
http://theweek.com/article/index/229167/the-indiana-law-that-lets-citizens-shoot-cops
I don't know about other places.
Would it be likely that the prosecutor would accept the “ignisecond” defense, or would he be charged with "murder one" (in the unlikely case the resident survived).
I'm not a prosecutor, but I have been a juror and I would consider that defense given murder versus manslaughter. I can't say what my decision would be. And even though I'm not a prosecutor, I'm pretty sure a prosecutor would charge murder and cheerfully plea it down to manslaughter.