2aguy
Diamond Member
- Jul 19, 2014
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The Cato book based on their paper is interesting reading....they have a lot of defensive gun use stories and some interesting insights into the debate.....
How often was a criminal shot and killed in the stories they reviewed?
A quick scan of Tough Targets talks about this...
At one time it was quite common for gun control advocates to use the very low num- ber of recorded justifiable homicides with guns as evidence that there were very few self- defense shootings. The main problem with that line of reasoning is that it only includes those defensive gun uses where a citizen kills a criminal. It does not tell us anything about instances where the criminal was wounded (but did not die), where the victim held an attacker for police, or where the brandishing of a gun caused the criminal to flee.
Another problem is that the data gath- ered on justifiable homicides employs a very strict definition of what is “justifiable”: where one person kills another person to pre- vent a felony, and the action is lawful.6 That narrow definition does not include excusable homicide. Many states have two categories of excusable homicide. The first category is a homicide “committed by accident and mis-
4fortune, or in doing any other lawful act by lawful means, with usual and ordinary cau- tion, and without any unlawful intent.”7 For example, that would be the case where a gun owner does everything right about his target shooting, but another person wanders into the middle of the gun range and gets shot. In other words, it is an accidental death.
But the second category of excusable ho- micide is so similar to justifiable homicide that one may not immediately see the dif- ference: “When committed by accident and misfortune, in the heat of passion, upon any sudden and sufficient provocation, or upon a sudden combat, when no undue ad- vantage is taken, nor any dangerous weapon used, and when the killing is not done in a cruel or unusual manner.”8 If a stranger ran up to you on the street, knocked you to the ground, and you pulled out a gun and shot the attacker, that response would likely be ruled an excusable homicide. It would not be a justifiable homicide, because you were not in danger of death or great bodily harm—al- though that might not have been obvious at the time. Excusable homicide laws recognize that in the circumstance of “sudden com- bat” one does not have time to make that subtle distinction.
The FBI’s Uniform Crime Reports also significantly overstate murders and understate defensive gun uses. If the police investigate a homicide and ask the district attorney to charge someone with murder or manslaugh- ter, that is reported as a murder or man- slaughter to the Uniform Crime Reports program. But district attorneys will often investigate a case in the weeks afterward, find evidence that the killing was justifiable or excusable homicide, and drop the case en- tirely.