Quote Originally Posted by MMI View Post
The COURTS decide, obviously. I'm sure US judges have examined this question quite thoroughly, and I expect they have reached conclusions similar to British judges. I believe it involves deciding whether an ordinary person of normal fortitude would aprehend death in similar circumstances. Of course, we rely upon the sitting judge to make that decision. Fortunatley, they are trained to do so.
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That is why the law follows the doctrine of proportionate force. And it is why I deplore and despise the American authorites' encouragement (for that's what it is) to use lethal force as a first resort and to protect property (see den's post above).
Fortunately, it isn't that simple. To quote one relevant American law:

"A person is justified in using deadly force against another to pervent the other who is fleeing after committing burglary, robbery, or theft during the nighttime, from escaping with the property and he reasonable believes that the property cannot be recovered by any other means; or, the use of force other than deadly force to protect or recover the property would expose him or another to a substantial risk of death or serious bodily injury."

I for one wholeheartedly concur. I would far rather have a dead burglar than a burgled home. Never mind limiting the use of deadly force, I very much support the idea of criminals dying in the commission of their crime whenever possible. Criminals' rights should essentially begin once in custody and all resistance to arrest has ceased; until that point, any injury they may sustain is entirely their own fault.