Posted on 10/02/2011 5:27:40 AM PDT by marktwain
A bill headed to the floor of the state Assembly would allow a person who kills or injures someone who breaks into their home, business or car, to claim self-defense.
The bill strengthens what is known as the Castle doctrine and it has strong backing from the National Rifle Association and state law enforcement agencies. Before it was approved by the Assembly Judiciary Committee this week there was some debate about the definition of someone's castle or dwelling, as the bill defines it. Democratic state Rep. Tony Staskunas wanted to know what the boundaries of a dwelling are when someone claims they're defending it, "Does that extend to the municipal sidewalk in from of my house? I think the description of dwelling would include my front lawn because that's part of my lot but what about the municipal sidewalk?"
The answer is that it depends on how the courts end up interpreting the word dwelling when and if someone is charged with killing a burglar on their front sidewalk. Democratic Rep. Gary Hebl of Sun Prairie predicts there will be very few such cases and called the bill a solution in search of a problem, "There really has been no prosecution of these cases in Wisconsin. D.A.'s have been very, very reticent to go after someone who protects themselves in their home, so this really just a feel good bill."
The criminal law section of the state Bar Association is on record against the bill because it would require judges and juries to presume that a homeowner feared bodily harm from an intruder they shot and killed. The bar fears that could become a presumption in favor of a murderer. Supporters of the bill say that homeowners should have a right to shoot first and ask questions later if someone breaks into their house.
“There really has been no prosecution of these cases in Wisconsin. D.A.’s have been very, very reticent to go after someone who protects themselves in their home, so this really just a feel good bill.”
As they say on The Ultimate Fighter, “Don’t leave it in the hands of the judges!” “Very, very reticent” is not good enough.
I went deer hunting with this genius back in the early '70's. He decided to squeeze a couple of shots off after an unsuccessful outing. He rested the gun on top of my car to aim at some target...the bullet sliced a foot long opening in my convertible top.
I define my “castle” as anywhere I happen to be, while not
breaking any laws, and confronted by someone who is.
My first thought. The Constitution was written to protect us from depending upon the good will of whoever is in power.
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