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A civilian's use of deadly force is generally justified if they reasonably believe that they or another person are in imminent danger of death or serious injury. [1] Justification and affirmative defenses vary by state and may include certain property crimes, specific crimes against children, or the prevention of sexual assaults.
The right of self-defense (also called, when it applies to the defense of another, alter ego defense, defense of others, defense of a third person) is the right for people to use reasonable or defensive force, for the purpose of defending one's own life (self-defense) or the lives of others, including, in certain circumstances, the use of ...
When the use of force is excessive relative to its anticipated military advantage, it is said to be disproportionate, which is prohibited under international law. [16] Risk to civilians does not bar military action, but the principle of proportionality requires that precautions be taken to minimize the harm to these protected persons.
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Maryland also continues to follow common law principles on the issue of when one may use deadly force in self-defense. In the case of State v.Faulkner, 301 Md. 482, 485, 483 A.2d 759, 761 (1984), the Court of Appeals of Maryland summarized those principles, and stated that a homicide, other than felony murder, is justified on the ground of self-defense if the following criteria are satisfied:
Whether a jurisdiction follows stand-your-ground or duty-to-retreat is just one element of its self-defense laws. Different jurisdictions allow deadly force against different crimes. All American states allow it against prior deadly force, great bodily injury, and likely kidnapping or rape; some also allow it against threat of robbery and burglary.
Under U.S. law the fleeing felon rule was limited in 1985 to non-lethal force in most cases by Tennessee v. Garner, 471 U.S. 1.The justices held that deadly force "may not be used unless necessary to prevent the escape and the officer has probable cause to believe that the suspect poses a significant threat of death or serious bodily harm to the officer or others."
Authorities said “a lethal force encounter occurred” and Gainer was hit by gunfire. Body camera video released by the sheriff's department showed parts of the encounter.