Reference - Masked Bandit

question 56

Multiple Choice

Reference - Masked Bandit. Barry, who owned a small convenience store, was robbed when a masked bandit entered his store and demanded his cash while pointing a gun at him. As the bandit ran out of the store, Barry grabbed his own gun and shot the bandit in the leg. When the police arrived, Barry was arrested along with the thief. Barry claimed that no charges should be brought against him because his action in shooting the robber was justified. The police also searched the convenience store and found evidence of illegal drugs for which Barry was arrested. When Barry complained about the search, the officer in charge told him that since the state police were involved, federal constitutional rights were waived. Barry is attempting to obtain legal representation in an attempt to get out of jail, but cannot afford a lawyer because he just spent all his funds buying the illegal drugs for resale that have now been confiscated by the police. Sam, another inmate, asks Barry if his rights were explained to him by the officers; but Barry only recalls being arrested, hustled into the police cruiser, and whisked off to jail. Which of the following is true regarding Barry's claim that he was engaged in a justifiable use of force?

• A) Barry is correct and no charges should be brought against him.
• B) Barry is correct only if he can establish that in addition to committing a felony, the bandit was armed with a deadly weapon.
• C) Barry is correct only if he can establish that in addition to committing a misdemeanor, the bandit was armed with some type of weapon.
• D) Barry is incorrect because he did not sustain bodily harm.
• E) Barry is incorrect because his use of force was not necessary to prevent death or great bodily harm to himself or another, or to prevent the imminent commission of a felony.

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Definitions:

Cervix

The lower part of the uterus that opens into the vagina, involved in dilation during childbirth.

Perimetrium

The outermost layer of the uterus, a protective serous membrane.

Spermatogenesis

The process of sperm cell development, occurring within the male reproductive organs, specifically the testes.

Oogenesis

The process of egg cell (oocyte) development in females.