If you shoot a perp who is retreating and isn’t in your house, good luck getting away with murder.
***Assuming he dies, which in this case he didn’t.
You might, you might not.
***My question was about detaining someone.
The guy was not in the house and he was leaving. Those facts are clear, and will be clear to a jury.
***I agree. But you made it sound like there was some sort of legal precedent or perhaps even a well known legal position. It is neither.
You go ahead and shoot to wound though. You can do any idiotic thing you please, as far as I am concerned.
***I suppose you can, too, but if you’re going to law school ya might consider another career, perhaps shoe salesman.
I am presuming that you object to my statement that there is no such thing as "shoot to wound."
That wasn't a legal statement, it was an objective statement.
Getting shot is a highly physically traumatic event, no matter where you get shot. If you shoot someone, you are throwing the dice and gambling that the person won't die if you think you are "shooting to wound."
Think about shooting yourself in the arm with a .22.
You think it ain't gonna hurt? You think that you have no chance of nicking an artery?
There is no such thing as "shoot to wound" because when you shoot somebody, there is a very real chance that they will die as a result.
As long as you want them dead, go for it. If you really don't want them dead, then shooting them is at odds with your desire.