Posted on 11/21/2011 10:46:05 AM PST by marktwain
"Reasonable" is open for subjective judgment, which is precisely the purpose of a jury. It would be nice if it could be more specific, but that would create unreasonable loopholes for murder, and any specificity you might write into the law, would be up to a DA and jury to apply validity to.
Did the man break into your home with the knife or was he invited in, shot, and a knife placed in his hand?
Not many break in’s into occupied homes have happy endings for all concerned. Better to make sure it is a happy ending for society with one less piece of human detritus floating about.
The burgler broke into the BEDROOM window. Not the living room or kitchen window, the BEDROOM window.
That should be enough right there.
-PJ
There is a video on the web with some lawyer making some GREAT points about not saying ANYTHING, EVER to a cop without a lawyer. Very interesting too. It was amazing how he could put up scenarios on how even the most innocuous statements could be used against you.
I imagine he could could tear even this most staightfoward sentence apart. Pretty sad really.
Yes, it does.
Anyone who forces their way into a house or is attempting to do so should be thought of as a clear and present threat. This includes any dwelling such as a trailer, tent, tar-paper shack or anywhere people live.
No question.
His story was that he saw an armed man had broken into his house, he had his own firearm, he told the man to stop, the man ‘lunged’ at him, and he fired his weapon and killed him.
Some FReepers thought he should have just wasted the guy, and then told the nice law officers how smart he was by laying in wait and executing him without exposing himself to greater danger via warning the armed intruder.
WRONG ANSWER.
I like how he added how the armed intruder “lunged” at him. That was a perfect story. Why an armed man would need to ‘lunge’ at someone instead of firing a projectile is unknown - but it makes a perfect story - whereas the “smart” thing to do made a very very bad story to tell the officials.
Oh yeah, that is a great video, I’ve watched it a couple times, linked to it several times here. And I’d feel OK with what I posted there, given a self-defense shooting situation.
Dont Talk to Police
http://www.youtube.com/watch?v=6wXkI4t7nuc
Which is why Texas just updated our Castle Law.
You can use deadly force just to defend your property.
Texas Castle Doctrine
According to the Castle Doctrine or Defense of Habitation Law of Texas, a person can reasonable protect him or herself against another person’s use or attempted use of unlawful force. The person acting must also not have provoked the other person.
A degree of reasonable protection includes counteracting a person who:
unlawfully or forcefully enters or attempts to enter the victim’s place of residence, vehicle, or place of employment.
forcefully removes the victim from his or her place of residence, vehicle, or place of employment.
commissions or attempts to commission a kidnapping, homicide, rape, aggravated rape, robbery, or aggravated robbery.
In Texas, a person can justifiably and potentially use deadly force against another individual if: he or she believes deadly force was necessary at the moment, believes he protected him or herself against attempted deadly force, prevented an act of kidnapping, homicide, rape, aggravated rape, robbery, or aggravated robbery.
In addition, the occupants of the habitat must be in the habitat legally. If the occupants are considered to be fugitives or are using the Doctrine to provide assistance to fugitives, any of their actions are not justified by Texas law.
Texas law is known by many to be one of the toughest in the land. Texas is hard on criminals, but also adamant about allowing owners to retain their properties.
Thanks for the link! And I would probably end up saying the same thing. Luckily where I live you can use deadly-force to stop a felony, so not quite the level that they have in Vermont.
Great in theory. In reality, the victims/suspects are put through hell and lawyers get rich.
What planet did this freaking idiot come from? He should be deported to California where he'd be right at home.
That wasn't an attorney. It was state police Lt. Charles Cacciatore.
“You can use deadly force just to defend your property.”
Be very careful there my FRiend. Castle laws are written such that someone simply breaking in is considered a threat worthy of deadly force. It is not meant to allow people to use deadly force to protect their property.
This is outrageous! I can’t even put it into words.
“Just because someone is in your house doesn’t mean you’re in jeopardy,” Cacciatore said.
What? this guy is nuts!
Get yourself to a LFI course. The info is amazing. Search YouTube for Mas' vids. Well worth the effort.
Hadn’t thought about leaving a note for Santa. Thanks for the heads up. Do want to hurt the guy in the red suit.
The Castle Doctrine in Texas was successfully stress tested in court a month after it was passed in 2007. It applies to your vehicle also.
The interesting permission that Texas law gives is in the case of “robbery” in addition to “aggravated robbery”. This goes against the USSC ruling in the case where a farmer set up a trap to kill anyone robbing his abandoned house, http://en.wikipedia.org/wiki/Katko_v._Briney. If you have some references on Texas’s ruling on “robbery”, again I’m interested.
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