Following on this question: Am I allowed to kill a person threatening me? CA, USA
What if you are the target of lethal force? In this case your own life is threatened, even though you created the situation that warranted the use of lethal force against you.
So what if now the hostage-taker kills the guy who tried to stop him with lethal force. And after that the hostage-taker gives up. Would he be guilty "only" of the crime of hostage taking or would he be guilty of murder as well?
The "felony murder" doctrine, which applies in most of the U.S. (including California), holds criminals engaged in "dangerous felonies" responsible for any deaths that occur during the commission of such crimes.
In the given example, the hostage taker and anyone who is an accessory to that aggravated assault would, if convicted, also be guilty of murder for deaths that occurred in connection with the incident, regardless of their intent.
He would be guilty of murder; self-defense only applies when threatened with unlawful force - the hostage's force is lawful.
