Jericho, are you saying that in most states, if I were to shoot someone trying to carjack me at gunpoint, I would go to prison?
I find that pretty unlikely. Sure, maybe it can happen, maybe it even has happened. But that's gotta be about as common as a gun collector being content with what he has.
This a common flaw in understanding how self-defense cases work.
Shooting someone is illegal. It's Assault with a Deadly Weapon. Killing someone is illegal. It's generally manslaughter or murder.
State laws offer an exception, called an "Affirmative Defense," that CAN set aside the guilt for that crime. What many folks don't really understand is that this works the opposite way from most criminal defense cases.
You are NOT "innocent until proven guilty." In fact, you start out by saying, "I did it!" You admit breaking the law -- and then you offer your affirmative defense of "self-defense." "I did it, and this is why..."
If your claim of necessity is believable -- in other words, if you can establish that a reasonable person in your situation would have felt there was no other way to prevent your own (or another's) death or grievous injury (or a very short list of other serious felonies like arson of an occupied building), and the evidence supports what you say, then the D/A, or a jury is allowed by the law to excuse your crime.
Some states or cities have a bad reputation for prosecutors being extremely unlikely to "no bill" a defensive shooting. They may have a policy or habit of putting every shooting through a jury trial and trying to fight the self-defense claim. Some areas have populations that seem to provide juries which are less likely to believe self defense claims, or at least those from certain citizens. (Race? Class? Status? Who knows?)
These "castle doctrine" or "stand your ground" laws help the defender -- to a point -- by spelling out certain presuppositions the state is allowed or instructed to make, if the evidence supports them, to reduce the weight of evidence a defender must provide to establish the necessity of his act.
For example, the law may say, "
If a person is found to be entering an occupied residence with force, their motive to enact violence upon the occupants may be assumed..." or words to that effect. Thus giving a resident a bit of the benefit of the doubt that, IF someone is forcing their way into their home, the fact that the resident saw a weapon and/or heard a personal, voiced threat may not have to be part of the evidence required to establish their need to act. The law in that case would be saying, "If we establish the violent entry, (and possibly other details), then we can assume the threat existed."
Some may say something along the lines of, "
If a person is presented with a threat of force, while they are in a location where their presence is not a violation of law, they shall have no duty to retreat from that place before using force or deadly force to resist assault or death..." In other words, if you're presenting a defense of "self-defense" regarding a shooting that happened on the street, and you can prove that a reasonable person would have felt they were about to be killed or seriously hurt, you may not also have to prove that you tried to run away before you shot.
You can shoot someone under circumstances you absolutely believe to be necessary -- and if a DA or jury doesn't accept your defense, you will go to jail. That could happen anywhere. Know your laws (best to spend time with an attorney who specializes in self-defense cases -- or take a law-based self-defense class), know exactly what you should say (as well as what you shouldn't) when the police arrive on scene, and understand that shooting someone under any conditions is the
second worst thing that could happen to you.