Reference no: EM133300372
Case: Slick and the Mitchell brothers are rival gang members. Over the past year, both gangs have competed for control of the drug trade in Chicago's near east side. Both gangs have been raiding their trap houses (drug house) and shooting at gang members on a regular basis. One day, Slick and fellow gang member Zero are sitting on the front porch smoking a blunt. Both are armed with 9mms. Both stay at the residence.
The Mitchell brothers, Tim and Jacob, have Jacob's girlfriend drive them past the house where Slick and Zero are sitting, as they pass by, Tim and Jacob Mitchell open fire with an AK-47, spraying the house with bullets. Slick and Zero duck behind the porch but manage to also return fire as the Mitchell's shoot at them.
As the exchange of gun fire occurs, a local minister is parking his car across the street from the house with his wife as a passenger. One bullet goes through the minister's windshield and hits him in the face, killing him instantly.
Police respond to the scene and recover the guns used by Slick and Zero hidden in a trash can in the house. The ballistics analysis on the guns recovered at the scene and the bullet recovered from the minister's body shows that the gun fired by Slick is the gun that killed the him.
About a week later, the Mitchell brothers are arrested by Chicago Police. The car they are driving has two bullet holes in it and in the back seat, two AK-47 shell casings are found underneath the seat.
Take on the role of a Chicago prosecutor, Harry Justicez, and review the case.
Question 1: What are the elements of self-defense when deadly force is used under common law?
Question 2: What are are elements of self-defense when deadly force is used in your state?
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