[abner]

Lets not forget the everpresent fear of lawsuits by the criminal or his family that sues if they survive.

[Mulder]

Lets not forget the everpresent fear of lawsuits by the criminal or his family that sues if they survive

Exactly.

In most states, there is a "duty to retreat" doctrine that applies to the use of force anywhere outside of your house. Failure to adhere to this could lead to criminal prosecution and or civil prosecution. This leads to a mindset of passisivity.