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The Use of Deadly Force in Self-Defense
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:
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(1) The accused must have had reasonable grounds to believe himself in apparent imminent or immediate danger of death or serious bodily harm from his assailant or potential assailant;
Reasonable grounds; such as an armed fugitive found on my property hiding from police, wanted for the armed robbery of a convenience store, carjacking, murder of a police office, and bombing of 200 innocent civilians. This person shows no regard for human life and has assaulted anyone who got in his way of escape, even his own brother. My imminent danger upon discovering this fugitive is unquestionable.
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(2) The accused must have in fact believed himself in this danger;
See above.
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(3) The accused claiming the right of self defense must not have been the aggressor or provoked the conflict;
Investigating suspicious activity on my property is not aggression or provocation. The fugitive has been in an aggressor in every encounter, with civilians or law enforcement, since being publicly identified by authorities.
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(4) The force used must have not been unreasonable and excessive, that is, the force must not have been more force than the exigency demanded.
Shooting a man wanted for multiple murders and mass injuries would not be called unreasonable or excessive by any court in America, my life would be clearly at immediate risk having unknowingly approached such a person and nobody could/would argue otherwise.
And then there's the fact that I would be legally able to kill this person in the defense of the innocents he has already proven willing to kill:
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Defense of Others (MPJI-Cr 5:01)
Defense of others is a defense, and the defendant must be found not guilty if all of the following four factors are present:
1) The defendant actually believed that the person defended was in immediate and imminent danger of bodily harm.
2) The defendant's belief was reasonable.
3) The defendant used no more force than was reasonably necessary to defend the person defended in light of the threatened or actual force.
4) The defendant's purpose in using force was to aid the person defended.