SCENARIO ANSWER # 8

You are correct.  Although, some could make a claim that you were stopping a "Forcible Felony", i.e. burglary in progress.  As a side note, believe it or not, it's also not an issue if you shot someone in the back as many believe.  All you need to worry about were you justified.  It's also not a requirement as a civilian to use verbal commands to stop an intruder or assailant before you use deadly force.  However, in this case, since the burglar had exited the home and was running away from you, he was no longer a threat to your life.  I would not recommend shooting in this instance.  Instead call the police and let them do their job.  Now, some can argue under different circumstances when you do not know what the burglar did while you were gone that you are justified.  For example, you come home alone and know your wife was in there alone.  When you return your mind automatically believes your wife is in danger and you react by using deadly force.  You're thinking that the intruder committed rape or murder.  If so, I can see your justification, but will the courts?  This is a tough scenario either way as there are too many unknowns.  No matter what you do, you'll need to justify your actions and hope the evidence backs up your story of why you feel you had to use deadly force in this particular case.   

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