Legal Commentary

More on Drug Dealers? Self-Defense Against Other Drug Dealers

By Eugene Volokh

A follow-up to my post three weeks ago on this case, from The Advocate (Baton Rouge):

A state district judge has ruled two ... men may claim they were justified in killing a Clinton man during an alleged drug deal this summer....

District Attorney Sam D?Aquilla argued earlier this month a section of the law dealing with justifiable homicide precludes its use as a defense when a drug deal results in a person?s death.

Ware?s opinion says a homicide is justified in four situations: in self-defense; to prevent a violent or forcible felony; to defend against the threat of unlawful force in a dwelling, business or vehicle; or to defend against unlawful entry into a house, business or vehicle.

Only the fourth reason ? the so-called ?shoot the burglar/carjacker? provision ? is not valid as a defense if a drug transaction is involved, the judge?s ruling said....

Sounds right to me, for reasons I mentioned in the earlier post. The D.A. says that he?ll likely appeal.

Full post as published by The Volokh Conspiracy on December 29, 2009 (boomark / email).