Neighbor in Danger

[Zomgie]

Hypothetical:

Person A tells Person B he feels threatened because of a gang that frequents where he works. Person A's wife will not let him keep a firearm at home.

Person A and Person B live next door to one another. One night/day, Person B hears Person A scream for help and goes to Person A's apartment with a loaded firearm and sees that someone has broken in and is threatening Person A.

Can Person B enter Person A's home to defend him, if by staying in his own home he would have never come to harm?

[thevic]

You have to wait for the threat to kill A and B so person C can begin his investigation.

[Brianguy]

Person B should call the police to help person A. Person B could get killed trying to help Person A.

...unless Person B is a badass

[Zomgie]

I most definitely agree that Person B trying to "play hero" is extraordinarily dangerous and the police should be called.

But that's not the question.

[resident-shooter]

When person A screams "help", that person calls/invites someone to come and help. That may not necessarily allow someone to enter with a gun tho. As for calling police, anyone would do that. The question is... will the victim be breathing by then?

[Cokebottle]

You may use deadly force to defend yourself or another person, however, this is generally a clear defense in a situation that unfolds before you.

The problem with this situation is that Person A:
A - Does not know the entire story
B - Put himself in harms way to come to the defense of Person B

The first rule of first responders is to avoid becoming a victim yourself.


It could POSSIBLY come out in his favor in court, but there would definitely be an arrest and prosecution for manslaughter.

[M198]

Deadly force in the defense of another's life is a moral imperative to me and I'm an atheist. It's sad how far we've fallen that the answer you most often get is to cower in your closet across the way and call the police. People will tell you not to be a hero, I'll tell you that you know right and wrong and you'll be the one looking yourself in the mirror. From a legal standpoint, Defense of another is a valid reason for deadly force though I'm sure some legal eagle will come along who knows more than I ever will and correct or confirm.

[SJgunguy24]

Hypothetical:

Person A tells Person B he feels threatened because of a gang that frequents where he works. Person A's wife will not let him keep a firearm at home.

Person A and Person B live next door to one another. One night/day, Person B hears Person A scream for help and goes to Person A's apartment with a loaded firearm and sees that someone has broken in and is threatening Person A.

Can Person B enter Person A's home to defend him, if by staying in his own home he would have never come to harm?

What it really comes down, are you willing to pay the price to do what's right?
Selfless? Selfish?


CA penal code 197, justifiable homicide.


Homicide is also justifiable when committed by any person in
any of the following cases:
1. When resisting any attempt to murder any person, or to commit a
felony, or to do some great bodily injury upon any person; or,
2. When committed in defense of habitation, property, or person,
against one who manifestly intends or endeavors, by violence or
surprise, to commit a felony, or against one who manifestly intends
and endeavors, in a violent, riotous or tumultuous manner, to enter
the habitation of another for the purpose of offering violence to any
person therein; or,
3. When committed in the lawful defense of such person, or of a
wife or husband, parent, child, master, mistress, or servant of such
person, when there is reasonable ground to apprehend a design to
commit a felony or to do some great bodily injury, and imminent
danger of such design being accomplished; but such person, or the
person in whose behalf the defense was made, if he was the assailant
or engaged in mutual combat, must really and in good faith have
endeavored to decline any further struggle before the homicide was
committed; or,
4. When necessarily committed in attempting, by lawful ways and
means, to apprehend any person for any felony committed, or in
lawfully suppressing any riot, or in lawfully keeping and preserving
the peace.

[choprzrul]

When seconds count, the police are just minutes away; so be sure to call real quick!

.

[SJgunguy24]

Deadly force in the defense of another's life is a moral imperative to me and I'm an atheist. It's sad how far we've fallen that the answer you most often get is to cower in your closet across the way and call the police. People will tell you not to be a hero, I'll tell you that you know right and wrong and you'll be the one looking yourself in the mirror. From a legal standpoint, Defense of another is a valid reason for deadly force though I'm sure some legal eagle will come along who knows more than I ever will and correct or confirm.

Selfless.

[dantodd]

The Golden Rule.

If you are person B do you want person A to save your *** or do you want him to ID the body? You should act as you would want the other to act if the situation were reversed.

[the_quark]

Deadly force in the defense of another's life is a moral imperative to me and I'm an atheist.

QFT.

The question seems really to be, "If a Really Bad Guy enters A's house with bad intent, in California, and A screams for help, if B comes to help and shoots the Really Bad Guy, will he get in trouble?"

The answer to this question is "no". You're allowed to use deadly force to protect the life of another.

Now, the practical concerns have to do with whether the guy really has bad intent, if A was really screaming for help, etc., etc. But, as laid out in the hypothetical, I think B isn't prosecuted, and, as M198 rightly says, has an obligation to render what aid he can.

[shy 7th]

You can call it "plying hero" or say that one should just call the police and that's it, but I like to think that if it ever came down to it, I would have the balls to put my life on the line to stand up for or come to the aid of my family, friends, neighbor, stranger, etc.

Obvioulsy, kicking in someone's door, dual-wielding shotguns, ready kick bad-guy ***, is probably not the ideal response given the OP's situation "hearing a scream." Calling the police is a definite must, but I would probably also try calling the neighbor's home to see if everything is ok or walking over and checking on them. I can't say I would even be armed with my gun (maybe a baseball bat), but that would depend on the intensity of the scream(s).

How does that saying go?... "the only thing necessary for the triumph of evil is for good men to do nothing..." don't know where I heard that.

[Zomgie]

QFT.

The question seems really to be, "If a Really Bad Guy enters A's house with bad intent, in California, and A screams for help, if B comes to help and shoots the Really Bad Guy, will he get in trouble?"

The answer to this question is "no". You're allowed to use deadly force to protect the life of another.

Now, the practical concerns have to do with whether the guy really has bad intent, if A was really screaming for help, etc., etc. But, as laid out in the hypothetical, I think B isn't prosecuted, and, as M198 rightly says, has an obligation to render what aid he can.

Yes, that was the question.

This is a legal question, not a moral one. I think we all know the answer to the moral question (I hope).

[the_quark]

Yes, that was the question.

This is a legal question, not a moral one. I think we all know the answer to the moral question (I hope).

I think it can be made even simpler than that. "If I hear my neighbor screaming for help, and go next door with my gun, and there's a Bad Man there holding him at gun point, am I legally in the right if I shoot the Bad Man?"

The answer is "Yes", again, assuming he really is Bad, and really has a gun, and it's really not because your neighbor just lured him there to rob him, etc., etc. The risk you're taking is that you misunderstood the situation. If it's as it appears, you're set, legally.