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23. Should the court give the jury the requested instruction?
The woman is charged with aggravated assault. At trial, her attorney has asked the court to instruct the jury that she was permitted to use force in defending her property. The jurisdiction follows common law principles for defenses.
Late one evening, a woman sitting in her living room with the lights off saw a man using a flashlight to look into her car, which was parked on the street in front of her home. The woman had left an expensive laptop computer on the front seat of the car and knew that there had been a series of car thefts in the area. After seeing the man break her car window, the woman retrieved a shotgun, fired it, and hit the man. She then called the police. When the police officers arrived, they arrested both the man and the woman.
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A is incorrect. The minority «duty to retreat» rule limits one's ability to use deadly force in self-defense. However, the rule does not apply in defense-of-property cases because in that context deadly force is categorically disallowed.
C is incorrect. Deadly force is regarded as the kind of force that is likely to cause serious bodily injury or death. Whether serious bodily injury or death actually occurs is irrelevant. Here, intentionally shooting a man with a shotgun qualifies as using deadly force.
D is incorrect. The woman used deadly force, not in defense of her dwelling or real property, but in defense of her personal property; specifically, her car and her laptop.