Legal Question in Criminal Law in Louisiana
Louisana law
I teach a business law class for high school students in Wisconsin. One of my students heard about a law in Louisana that stated that it is legal to kill an attempted car jacker. Is this true?
1 Answer from Attorneys
Re: Louisana law
Greetings and happy Mardi Gras! Your student is referring to R.S. 14:20, LA Code Criminal Law and Procedure, which put a new twist on the standard Justifiable homicide defense in most states- that deadly force is o.k. in response to deadly force- or killing another person is justified when one reasonably believes hat he is in imminent danger of losing his life or receiving great bodily harm and is necessary to save himself. A new paragraph carved out an exception for dwelling, a place of business, or a motor vehicle, and does not require an initial use of deadly force by the intruder, but only an unlawful entry and the peson defending himself reasonably believes that the use of deadly force is necessary to prevent the entry or get them to leave. The person defending against the intruder is not compelled to retreat before using deadly force. Many defense lawyers felt the old statute was sufficient to cover car jackings.
Lawrence (Larry) Hoffing
New Orleans Law, LLC
12621 River Rd.
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