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It is the criminals fault from the beginning.
The victim would have not killed the criminal had the criminal not broken the law. The victim sees someone on his property that should not be there, is not welcome, and the victim does not know what the criminal is going to do. Fleeing exposes the victims back and it could create a disturbance, which could cause the criminal to come and kill him.
What's the safest thing to do? Kill the criminal. Should the victim be punished for doing so? No.
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One day an Englishman, a Scotsman, and an Irishman walked into a pub together. They each bought a pint of Guinness. Just as they were about to enjoy their creamy beverage, three flies landed in each of their pints. The Englishman pushed his beer away in disgust. The Scotsman fished the fly out of his beer and continued drinking it, as if nothing had happened. The Irishman, too, picked the fly out of his drink but then held it out over the beer and yelled "SPIT IT OUT, SPIT IT OUT, YOU BASTARD!"
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