Posted on 11/22/2006 11:33:43 AM PST by kiriath_jearim
The long-awaited consultation paper by the Irish government-appointed legal watchdog on legitimate defence has called for the introduction of new laws to safeguard homeowners who are confronted by violent intruders.
Eight people have been killed in their homes since 2000 - four in the last 14 months alone - and there are an estimated 500 burglaries carried out each week.
The stage has now been set for another intensive debate on home-defence laws and marks the first step towards the enactment of so-called "make-my-day" laws that sanction force in self-defence and the defence of property on the basis of reasonable response to violence.
The commission had withheld publication of the key report pending the outcome of the Padraig Nally appeal. The Co Mayo farmer admitted shooting dead a Traveller who had trespassed on his farm. The case is subject of a retrial, which will begin next month.
The commission said last night it was vital that homeowners are entitled to clear legal guidance on the amount of force they are allowed to use to defend their property. It said that defence of legitimate defence, incorporating the limited licence to kill, should be set out in a comprehensive criminal statute.
"Limitations should be specified in clear rules and not swept up in a meaningless legal concept of reasonableness," said Finbarr McAuley, a commissioner and co-author of the report.
"In a democracy, a citizen is entitled to detailed guidance on the proper limits of what he or she can lawfully do. Self-defence is one example of when citizens are entitled to know what legal limits apply.
"Legitimate defence is about defining one's limits at the same time as protecting your own rights."
The commission's paper, which is at a consultation stage, could provide the template for new home defence laws. But all issues of fact at trials will be the sole preserve of juries.
The commission has also recommended that individuals confronted with the threat of rape or aggravated sexual assault should be entitled to use lethal force once certain legal criteria have been met.
The right to use lethal force is not a carte blanche for homeowners and the right to kill would be subject to strict legal limits, it said.
It is envisaged that homeowners and others who would seek to rely on the defence would have to meet a series of requirements, including imminence and type of attack, necessity and proportionality of force used to justify a killing.
The commission also recommends that a mininum threshold should be imposed on the use of lethal force in order to uphold the sanctity of life, including that of an attacker.
The commission said that killing an intruder or other assailant was justified on a "lesser-of-two-evils" basis.
Last night the Government said that proposals for a change in the law on home defence will be brought by the Tanaiste and Justice Minister Michael McDowell.
A spokeswoman for Mr McDowell confirmed the preparation of new legislation, saying he welcomed the commission's contribution to the debate on legitimate defence.
The Minister would now give serious consideration to the matter "in view of its importance to the public as a whole".
The Department of Justice, Equality and Law Reform has been considering the legal issues involved and will now take into consideration the various issues which have been raised in the Law Reform Commission's consultation paper.
Fine Gael and Labour last night welcomed the Law Reform Commission's comments on the right to armed defence of the home.
Labour's deputy leader, Brendan Howlin, said the use of guns and weapons had become increasingly common in Irish society. It was, therefore, important for law-enforcement agents and the general public to have as much clarity as possible in regard to what level of force was allowed by law.
"We welcome the commission's call on the rights of people faced with an intruder in their home, and in particular to put common law rules on a firm statutory footing," Mr Howlin added.
Fine Gael Justice spokesman Jim O'Keeffe also welcomed the recommendation that homeowners should not be forced to retreat if they find an intruder on their property.
"We have been arguing for greater legal protection for homeowners faced with burglars in their homes," he said.
How does Irish gun law compare with the UK regarding ownership ?
I'm not sure... I'll get back to you with some info.
"The debate seems to be concerning how to frame the wording of the law. I don't see anybody arguing that there should be no right to self-defense".
Personally I'd say it wasn't excessive as long as you have a decent grouping. And you shout "halt!" afterwards.
Seriously, this is a human rights issue, literally - I do not believe there is a human right more basic than that of the defense of one's own life. And the "proportionality" defense generally depends on some clairvoyance on the part of the defender as to the intentions of the attacker. A fellow threatening you with a knife is threatening your life, and the fact that he says he's only interested in your wallet is irrelevant even if true. If he snivels later that you shouldn't have shot him because he wasn't really going to hurt you if you just cooperated that he ought to be laughed out of court and in most sane, civilized places such as Dodge City in the day, he would have been.
You only own what you can effectively defend
And if your life can only be defended by the State, then your life is owned by the State
Unless, of course, you consider the defense of one's own children. Issues of proportionality fade into insignificance. If there is a chance that you might harm my kids, you will be STOPPED, regardless of what it takes to do so.
If I am attacked when alone, there may be an opportunity to withdraw and that may be the prudent thing to do. Accompanied by my kids, withdrawal becomes extremely difficult.
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