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Wednesday, October 01, 2008

Ind. Law - "When deadly force is justified"

Francesca Jarosz of the Indianapolis Star writes today on the Indiana law justifying the use of deadly force. Some quotes:

The Indiana law that justifies use of deadly force for people defending themselves, their home or others in danger is seldom used, but this week's case involving a Northwestside family brings it to the spotlight.

Sunday, Robert McNally put a chokehold on a naked intruder. The man died, and McNally faces no charges.

Law enforcement officials said McNally's actions were merited by the law, which does not require people to back away before defending themselves or someone else from serious bodily injury or a forcible felony.

Indiana is like 22 other states, mostly in the Midwest and South, that since 2005 have strengthened deadly force laws to ensure that crime victims could not be prosecuted for rightfully defending their family or home. * * *

Henry Karlson, a retired professor of law at Indiana University, said it doesn't appear that McNally used deadly force because it wasn't foreseeable that his actions could cause death. But Karlson and other experts agree that even if he had, the use of deadly force would be merited.

The right to self-defense has been in existence in Indiana since the state's constitution was drafted, Karlson said. It was expanded to include the right to defend a third person in the 1970s.

In 2006, Indiana lawmakers strengthened the law to state that a person can use deadly force without first trying to back away from danger. Rep. Eric Koch, R-Bedford, who wrote the bill, said it was implemented to assure crime victims that they can defend themselves without fearing prosecution or a lawsuit.

"What we were doing is really expressing the intent of the Second Amendment," Koch said. "(People) can be confident of their rights."

Though there is no movement to expand or rein in the laws in Indiana, backers like the NRA continue to encourage such laws' expansion in other states. These supporters call them "stand your ground" laws.

Opponents, however, call them "shoot first" laws and identify examples of misuse in some states.

The ILB has had a long list of entries on "deadly force" laws. See particularly this entry from Sept. 11th.

Here is HEA 1028 from 2006, which amended the deadly force law to include "does not have a duty to retreat" and expanded the law from protection of the person's dwelling, to include "an occupied motor vehicle."

Posted by Marcia Oddi on October 1, 2008 08:27 AM
Posted to Indiana Law