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- Champion Article
Shots in the Back — Are They ‘Legal’?: An Explanation for Self-Defense
A man breaks into a house. The homeowner shoots the intruder in the back, killing him. The state charges the homeowner with homicide, and the homeowner claims self-defense. Is it possible that the homeowner used lethal force justifiably even though the fatal entrance wound was in the back?
Pickering v. Colorado
Amicus curiae brief of the National Association of Criminal Defense Lawyers in support of the petition for certiorari.
Argument: Element-negating defenses, such as self-defense, often negate the mens rea needed to sustain a conviction, and due process should require the prosecution to disprove the defense beyond a reasonable doubt.