Reference no: EM133300395

Case: Slick and Zero decide to rob Kingston Carryout one night. Slick has a gun, but Zero does not. Both men ride together to the carryout and walk in. Slick enters first followed by Zero. As they walk in, Slick pulls his firearm. He points it at Mr. Kingston who is standing behind the counter. As he does that, a clerk putting up beer in the cooler drops a six pack that shatters on the floor and draws the attention of both Slick and Zero. For this brief moment, Mr. Kingston picks up his 45 caliber handgun sitting next to the cash register and starts shooting at the men. A bullet strikes Slick, killing him instantly. Zero is not hit and turns and runs out the door. Mr. Kingston runs after him. As Zero is trying to get in the car, Mr. Kingston starts shooting him. Three bullets strike Zero. Zero later dies at the hospital. An autopsy on Zero reveals that he is struck once in the thigh and the other two bullets enter his back and exit the front of his chest. The entire situation is captured on surveillance video.

Question 1: Identify what elements of self-defense need to be proven by a criminal defendant or discounted by the prosecution to succeed in claiming that the use of deadly force was appropriate and that the criminal defendant should not be convicted for committing the offense when the force was in

• self-defense;
• defense of others; and
• defense of home and property.

1. What is your jurisdiction's position regarding a duty to retreat?

• Does your state have a requirement for a duty to retreat and exceptions to these requirements?
• Does your jurisdiction have a stand your ground law?

• If so, what does the criminal defendant or the prosecution show in regard to a duty to retreat?
• Does your jurisdiction have a retreat rule?
• If so, what does the criminal defendant have to show to use this rule successfully?
• If not, would you recommend to the criminal prosecutor that this prosecutor lobby to have such a rule put into place? Why or why not?

Question 2: Research the law in your jurisdiction about what a criminal defendant or the prosecution has to show to successfully raise the castle defense. Under this rule, someone in a home does not have to retreat from that home before using force in defense of the home.

• What is your opinion regarding that defense?
• If your jurisdiction does not have it, offer your opinion about whether that is or is not appropriate in your jurisdiction.
• Research the law in your jurisdiction about what a criminal defendant or the prosecution has to show to successfully raise the castle defense. Under this rule, someone in a home does not have to retreat from that home before using force in defense of the home.

Question 3: What is your opinion on the fact pattern?

• Is Mr. Kingston justified for the homicides of both men? Explain.
• Did Mr. Kingston need to exercise a duty to retreat at any time?
• Did the threat posed by either man change during the events?
• What is your recommendation on the basis of the fact pattern, and why?