Free Republic
Browse · Search
News/Activism
Topics · Post Article

Here is California Penal Code section 198.5. Judges haven't had an trouble interpreting it.

"Any person using force intended or likely to cause death or great bodily injury within his or her residence shall be presumed to have held a reasonable fear of imminent peril of death or great bodily injury to self, family, or a member of the household when that force is used against another person, not a member of the family or household, who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence and the person using the force knew or had reason to believe that an unlawful and forcible entry occurred."
20 posted on 07/31/2006 10:00:02 AM PDT by BenLurkin ("The entire remedy is with the people." - W. H. Harrison)
[ Post Reply | Private Reply | To 17 | View Replies ]


To: BenLurkin

So self defense is an affirmative defense where the burden of proof still falls to the state. Is that about it?


26 posted on 07/31/2006 10:21:35 AM PDT by Still Thinking (Quis custodiet ipsos custodes?)
[ Post Reply | Private Reply | To 20 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson