Brian Pfleuger
Moderator Emeritus
I've been reviewing the NY State Physical Force Law and it states the following:
35.30 Para 4
A private person acting on his or her own account may use physical force, other than deadly physical force, upon another person when and to the extent that he or she reasonably believes such to be necessary to effect an arrest or to prevent the escape from custody of a person whom he or she reasonably believes to have committed an offense and who in fact has committed such offense; and may use deadly physical force for such purpose when he or she reasonably believes such to be necessary to:
(a)....(Not pertinent here)
(b) Effect the arrest of a person who has committed murder, manslaughter in the first degree, robbery, forcible rape or forcible criminal sexual act and who is in the immediate flight therefrom.
Seems obvious to me that this law makes an exception to the general rule of shooting someone in the back, assuming you have "reasonable belief". Agree? Disagree?
35.30 Para 4
A private person acting on his or her own account may use physical force, other than deadly physical force, upon another person when and to the extent that he or she reasonably believes such to be necessary to effect an arrest or to prevent the escape from custody of a person whom he or she reasonably believes to have committed an offense and who in fact has committed such offense; and may use deadly physical force for such purpose when he or she reasonably believes such to be necessary to:
(a)....(Not pertinent here)
(b) Effect the arrest of a person who has committed murder, manslaughter in the first degree, robbery, forcible rape or forcible criminal sexual act and who is in the immediate flight therefrom.
Seems obvious to me that this law makes an exception to the general rule of shooting someone in the back, assuming you have "reasonable belief". Agree? Disagree?