Reference no: EM133781535

At 10am, Joe leaves his house, preparing to attend class at Lamar University. After Joe unlocks his car, parked in the driveway of his house, he realizes that he left his phone inside. Leaving his backpack and keys on the hood of his car, he enters his house to get his phone. After Joe retrieves his phone, he steps from his house, and observes his car backing slowly down the driveway. The car is being driven by a stranger, who appears to be about 18-22 years of age. When Joe yells, "Stop," the man hits the brakes briefly, but then continues backing out of the driveway. Joe then pulls a handgun he is licensed to carry in the State of Texas, and fires several shots at the man in his vehicle. After he shoots his handgun, the car continues backing up, but comes to a complete stop when it strikes the curb on the other side of the street. Joe slowly approaches the vehicle, and sees that the driver was struck by one or more of his shots. When the police and an ambulance arrive, they pronounce the driver dead.

Subsequent investigation reveals that the driver has a lengthy criminal record, including several charges of Assault and also Attempted Murder. The District Attorney of Jefferson County, Texas is now deciding if Joe should be prosecuted for murder. He must apply the following Texas statutes: Texas Penal Code Section 9.41 - Protection of One's Own Property (public.law); and Texas Penal Code Section 9.42 - Deadly Force to Protect Property (public.law).

Issue 1: Should the District Attorney charge Joe with murder? When you answer this question, please apply the two statutes listed above to reach your conclusion.

Issue 2: Aside from Texas law, do you, in your opinion, think Joe should be charged with murder? Why or why not?