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Self-defense is one of criminal law’s most controversial topics, and there is one thing that people get wrong about it: a lot of people claim that U.S. self-defense law is exceptionally severe by international standards. This belief fails to recognize that U.S. self-defense law is, in fact, very much within the international mainstream.
This month Tucker Carrington reviews A Shot in the Moonlight: How a Freed Slave and a Confederate Soldier Fought for Justice in the Jim Crow South by Ben Montgomery.
A man breaks into a house. The homeowner shoots the intruder in the back, killing him. The state charges the homeowner with homicide, and the homeowner claims self-defense. Is it possible that the homeowner used lethal force justifiably even though the fatal entrance wound was in the back?
Defending the Self-Defense Case
Amicus curiae brief of the National Association of Criminal Defense Lawyers in support of the petition for certiorari.