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To: iloveluci

The couple could have killed Rambro when he invaded their cabin if they had been armed. There is Castle Doctrine in California

California California Penal Code § 198.5 sets forth that “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.”[18] This would make the homicide justifiable under CPC § 197.[19] CALCRIM 506 gives the instruction, “A defendant is not required to retreat. He or she is entitled to stand his ground and defend himself and, if reasonably necessary, to pursue an assailant until the danger ... has passed. This is so even if safety could have been achieved by retreating.” However, it also states that “[People v. Ceballos] specifically held that burglaries which ‘do not reasonably create a fear of great bodily harm’ are not sufficient ‘cause for exaction of human life.’” The court held that because the defendant had constructed a gun-firing trap, the doctrine did not apply because mechanical devices are without mercy or discretion.[20]


48 posted on 02/12/2013 2:53:23 PM PST by jimbo123
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To: jimbo123

After Kalipornia bans guns, what good will the Castle Doctrine be?

That is like having a death penalty and not using it


50 posted on 02/12/2013 2:55:46 PM PST by GeronL (http://asspos.blogspot.com)
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To: jimbo123

And they could have had that sombitch taxidermied and put in there den


51 posted on 02/12/2013 2:58:15 PM PST by al baby (Hi Mom)
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