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Deadly force should be backed by law

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It’s not something most of us like to think of: the use of deadly force.

Deadly force is not something most of us even consider using. We prefer to assume we’ll never need to make that decision.

But if we had to, in defense against home invasion, it would be good to know that the law backed us.

A House of Delegates subcommittee headed by Del. Rob Bell, R-Albemarle, has endorsed a bill allowing Virginians to use deadly force against intruders.

In practice, Virginians have that right now. It is part of common law.

Opponents of the bill, and similar legislation, say the current practice works well and there is no reason to change it. Explicitly permitting deadly force against intruders might release a sense of restraint, just enough so that a homeowner might make too rash a decision in using deadly force. What if the intruder isn’t physically threatening the resident? Is the resident still justified in using deadly force?

But Mr. Bell, a former prosecutor, said the current practice isn’t working all that well. He said he has had difficulty explaining to constituents just what response is allowed in order to protect themselves.

There are two ways of looking at the “what if” question. If the intruder isn’t threatening violence, perhaps the right thing to do is … nothing. Let him take the stereo, the television, the computer. They’re not worth the cost of a human life.

Thus would some argue.

But the flip side is this: If you’re a homeowner facing an intruder, how can you be sure he’s not a threat to your safety? He’s broken into your home, already proving ill intent. He might be armed and dangerous; he might be more skilled at deadly force and less reluctant to use it than you are. If you wait, you might lose your advantage and put yourself and your family at further risk.

These are life-and-death questions. No wonder we don’t like to think about them; no wonder we prefer to believe we’ll never need to make such choices.

Each person must make such decisions based on his or her own scruples and abilities, and based on the situation at hand.

But when the decision comes down to personal conscience and split-second instinct, it would be good to know — if we choose to use deadly force — that the law backed us.

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