Discussion»Statements»Rosie's Corner» Are you allowed to murder a burglar who invades your home without being punished? Can a burglar murder you and skate/walk/get off?
I saw on TV where this man shot these kids burglarizing his home and was convicted for murder. Just amazing. Jury thought because they were young and attractive and had their lives ahead of them he should have given them more of a chance. So I guess it must come down to who people feel are the more sympathetic.
This post was edited by officegirl at September 16, 2018 10:04 AM MDT
Thing is, young and attractive or old and ugly, breaking into a home to do God knows what, is still against the law and the man had the right to stop it. I hate to say this but that particular jury seemed a bit clueless and totally ignored the law of the land and that man's right to defend his home.
Murder? Self-defense here is defined as "protecting oneself from injury at the hand of others." Self-defense is not about taking vengeance. Self-defense is not about punishing criminals. Self-defense involves preserving one's own health and life when it is threatened by the actions of others. When we speak about using potentially lethal force in self-defense, we're talking about using weapons to protect ourselves and others, even if the weapons used could kill the attacker. Anyone familiar with the law of the states and of the land knows this or at least should know this.
In my state, we have the "castle doctrine".....if someone enters your home (castle) you are entitled to defend yoirself and your family in any way needed. If someone is in my home....it is not murder it is self defense.
I hate to be the one to tell you this, but no, you can't kill someone and claim self defense if that individual doesn't pose a threat. If that person is fleeing or is unarmed, you don't want to place yourself in the position of having to invent a threat that doesn't exist. I used to think that the sky was the limit in protecting one's "castle", then I became a law enforcement officer and found out that simply didn't wash. This is one of the most least understood aspects of law as many have found to their sorrow. I speak also as a victim of burglary. The key word in this is defend. Where there is no threat, there is no need for any deadly force.
You are correct if they are fleeing. But if they are in my house, they are a threat. In MO we have the castle doctrine and the stand your ground law. If they are in my house and refuse to leave then they are a threat....I have no duty to retreat....but no right follow if they are leaving.
This post was edited by my2cents at September 17, 2018 11:33 AM MDT
I've wondered this too. Even though in some states you're allowed to kill an intruder (burglar), the courts usually side with the burglar NOT the victim.
I don't know all the facts on this case. However, from what I have heard I think there may be more to it than a case of mistaken apartment. It would be interesting to see how the lawyers will spin it in court. (I love it how they searched the victims house to try and find dirt on him. Are they trying to prove he deserved to be killed??)
I believe the she cop is a white dame and the apartment resident was a black guy. Stop me if you've heard this one before. No joke. I wonder if the she cop were black and the apartment resident had been white what would have happened? I've drawn my conclusions and I guess others have too. They come down hard on the side of the WHITE cop and against the person who isn't the right color. Again. As usual. SIGH. Thank you for your reply Shuhak and Happy Monday. Which brings to mind a question which I"m gonna ask which you'll figure out the one I mean. A tortured sentence if I ever wrote one but I know you're not letting that get in the way!
I don’t know then facts of this case. I do know in my state we have the defend your castle, self-defense, and defense of innocent people laws. If someone broke into my home I would be justified in shooting them as long as they were not fleeing. The second they turn around and flee is the instant you must let them go.
You cannot arbitrarily kill someone and claim immunity. You cannot kill someone because they are in your house. You cannot kill someone because they are committing the offense of burglary. You can, however, use deadly force to stop a violent felony. You have to be able to articulate to a court that you were threatened by an armed individual with who possessed the opportunity to place your life in jeopardy. Now, I know that state laws vary, but many states have laws that closely parallel neighboring states. There are many misconceptions about what you can and cannot do in such situations. Such misconceptions have landed people in jail.
Wrong. My state has the castle doctrine meaning I can use whatever force to protect my home when someone who doesn’t live here is in my home. It depends on the state and each state’s laws. Texas for instance has it extended to your yard. 12 years ago a man’s neighbor was on vacation so he left his neighbor in charge to watch his home. Two criminals were burglarizing his neighbor’s home. When they were on his neighbor’s front yard he shot and killed them. He was never charged.
IF it's dark and you cannot see clearly Ele wouldn't you assume someone bold enough to break in would be bold enough to be weaponized in case the resident might grab a gun on a nightstand? Unless you sleep with a baseball bat by your side you might not have time to get one. I think any resident should have more rights than an intruder. After all the resident has a RIGHT to be there while the intruder doesn't. Thank you for your reply and Happy Tuesday! :)
This post was edited by RosieG at September 18, 2018 3:22 AM MDT
In Oregon/Washington ... you are REQUIRED to attempt to flee, before using deadly force. So if you lock yourself in a bedroom ... and they are attacking the door ... you are required to attempt to climb out the window (on the 1st floor) before you can shoot them.
Stupid, no?
And THAT is why the "stand your ground" laws were originally put in place.
EDIT: btw, in the Old Testament, God Himself told people to kill anyone who entered their home at night.
Exodus 22 "{2} If a thief is caught breaking in and is beaten to death, no one shall be guilty of bloodshed. {3} But if it happens after sunrise, there is guilt for his bloodshed. A thief must make full restitution; if he has nothing, he himself shall be sold for his theft."
This post was edited by Walt O'Reagun at September 18, 2018 3:22 AM MDT
The intruder is the one breaking a law. The resident isn't. So I think the intruder should have NO RIGHTS at all. If you commit a crime you ASKED FOR IT. Thank you for your reply Walt and Happy Tuesday. I'm gonna ask.
officegirl 