Was the use of force justified in these situations? a. A 19-year-old woman was raped by two men. She subsequently invited them for a return date,...

The problem with the first scenario is:

1. The lady's actions were pre-meditated and planned, which in some states carries an automatic first degree sentence, as it was intentional.

2. She is practicing the vigilante paradigm which is illegal (taking matters into her own hands)

3. She had not reported the authorities (according to what I am reading) within the 12-48 hour period required to obtain physical evidence. For all we know, 2 weeks could have been spent shopping, eating, and sleeping normally, or in a psychiatric ward following a rape. She ELECTED to wait and plan a muder as a vigilante.

4. If she had purchased that shotgun after the offense was committed, she will undoubtedly get first degree for malicious intent.

5: IOW: She made the wrong choice and there is no insanity plea available once a premeditation has been identified.

CASE 2:

The man had trespassers coming into the house. In order to be given 2nd degree involuntary manslaughter, the owner has to prove that he was acting in self defense. If he shot the burglars simply because they were stealing, the argument for the prosecution will be how come he didn't use the weapon to threaten and scare, rather than to kill.

If the homeowner can produce a reasonable proof that he indeed used the gun primarily to chase them away, and that they acted violently agaisnt him, then it will be provocation, tresspassing, burglary and much more if the prosecutor is good. Then it would be a good evidence that the owner was being attacked and that he acted in self defense.

It is a huge mistake when people think that they can just pull the trigger at anyone who breaks in. The truth is that criminals these days have very crooked and nasty lawyers who bend the significance of rules to their own convenience and there have been cases where the burglars have been in a defensive position for being attacked while they had not provoked an attack. Hence, there is a silent protocol to follow in the event that you are a victim of crime. Just make sure that you indeed appear as "the victim" and not "the vigilante"