If a thief be found breaking up, and be smitten that he die, there shall no blood be shed for him.
(Exodus 22:2) KJV
Thou shalt not kill is possibly the most easy to remember of the Ten Commandments. Like most of the Bible, however, it really isn’t as simple as that. The first time that the Ten Commandments are found in the Bible is Exodus Chapter 20, which describes the scene when Moses went up into Mount Sinai to receive the stone tablets from the Lord. Yet shortly after this begins the long list of caveats and addendums which make up a considerable portion of the book of Exodus, and most of the book of Leviticus. What we are told is that if someone breaks into your home at night and you kill them (bear in mind that there was no electricity for light) you are not guilty of murder. This is an instance when the normal way that homicide is dealt with does not apply. During a break in at night and in the darkness, confusion and panic you kill the intruder, it’s their own fault. Their blood is not on your hands and you are not liable.
This is what we call common sense. It was common sense in Biblical times and there are common sense reasons why the use of deadly force is allowed under the law today.
There are four conditions that must apply in order for the use of deadly force to be justified.
- You must believe that deadly force is necessary to prevent an imminent threat of death, great bodily harm, or sexual assault.
- A person of ordinary firmness would agree that deadly force is necessary.
- You are not the instigator or aggressor who voluntarily provoked, entered or continued the conflict.
- The force used was not excessive (only use enough force to mitigate the threat).
In North Carolina Exodus 22:2 is part of the law because in the case of someone breaking into your house the law presumes rule 1.
Presumption of a threat: If someone is attempting to or has made an unlawful forceful entry into your home, motor vehicle or workplace the law presumes the imminent threat of death or great bodily harm.
Matty (Headwind) 