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January 30, 2007


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If he was also concerned for the safety of his brother, and used deadly force to protect the life of his brother as well as his own, is he required to also take into account the brother's situation?

What if he can retreat but the brother cannot? Can he use deadly force using the argument that he was "standing in his brother's shoes" as a justification?


That's a really good question, Carlos.

I think that since he's acting in defense of his brother, he only has to retreat if his brother would be safe as well.

The quoted language above states: "The defendant would not be justified if he/she knew that he/she could with complete safety to himself/herself and others avoid the necessity of using deadly physical force by retreating".

Thus, he would only be obligated to retreat if he knew that both he *and* his brother would be safe if he retreated.

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