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To: Hajman
1) What the police did: legal or illegal?

Not entirely clear in this case.

2) Does a person have a right to self-defense in one's own home?

Yes, but there is a legal duty to employ the minimum force necessary to accomplish said self-defense. In short, one does not get to turn one's doorway into a free-fire zone simply because of a perception (false or real) of illegal entry. The resident was apparently "lying in wait," ready to engage any target that appeared.

And 3) Could the actions of the police justify the actions for self-defense?

Unlikely in this case. The actions of the police officers are not unquestionably illegal, and the application of force appears to have grossly exceeded the standard for applying deadly force.

This guy's best bet is to plead diminished capacity; it looks like his pride is doing the talking here, though.

284 posted on 04/08/2002 11:28:51 AM PDT by Poohbah
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To: Poohbah
Unlikely in this case. The actions of the police officers are not unquestionably illegal, and the application of force appears to have grossly exceeded the standard for applying deadly force.

I would dissagree about the police actions, but under Maryland law, you may be correct on the application of force in this particular situation. As I said above, it may be under interpretation by the jury or judge.

This guy's best bet is to plead diminished capacity; it looks like his pride is doing the talking here, though.

Now that I would agree may have be a probable situation.

-The Hajman-
288 posted on 04/08/2002 11:45:15 AM PDT by Hajman
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