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Hekisui
195 Posts
There's a famous case of a tourist in Italy that went out the backside of a night club, partially drunk, returned to find the door closed, then wandered around and got onto a roof, since it was an area build on a hill slope, and then on someone's balcony. It turned out the person living there was a policeman who had a gun and he immediately shot the drunk tourist. He then actually went ahead to forge false evidence. There are more cases but I don't remember them clearly. | ||
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Greatness
United States450 Posts
On June 30 2011 12:57 Hekisui wrote: How do you know if a person is in your home with the intention to steal? And how do you prove this is the care or not in court? There's a famous case of a tourist in Italy that went out the backside of a night club, partially drunk, returned to find the door closed, then wandered around and got onto a roof, since it was an area build on a hill slope, and then on someone's balcony. It turned out the person living there was a policeman who had a gun and he immediately shot the drunk tourist. He then actually went ahead to forge false evidence. There are more cases but I don't remember them clearly. Moral of the story? Don't drink more than you can handle. | ||
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MozzarellaL
United States822 Posts
On June 30 2011 12:55 RoosterSamurai wrote: Just make sure that if you do take action against would-be attackers, you kill them. Otherwise they'll just come back and sue you into oblivion. A common misconception. You owe no duty to trespassers in your home -- no claim of negligent tort. You did shoot them, so that is the tort of battery. Claim self defense and move for summary judgment. Case closed. | ||
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mardi
United States1164 Posts
Here in Texas, shoot first, ask later. | ||
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duk3
United States807 Posts
http://newsok.com/article/3567368#disqus_thread | ||
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MozzarellaL
United States822 Posts
On June 30 2011 13:05 duk3 wrote: Unfortunately, as much as I support these kind of laws allowing people to defend themselves, these kind of problems occur: http://newsok.com/article/3567368#disqus_thread The funny thing is though, the law does not allow you to shoot at random people passing through on your property. That rancher was probably charged with attempted homicide (and I hope he was found guilty). | ||
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Ryshi
Canada361 Posts
On June 30 2011 12:43 MozzarellaL wrote: Your example is ridiculous. You certainly can't call the person you want to kill to invite him over (shows you had familiarity with the 'burglar', making it unlikely that he was a burglar), so you must invite him over via face to face discussion. If you did that, I doubt most people would randomly accept a stranger's invitation to their house. So that basically limits it to people you know. Burglars usually are NOT people you know, they're fucking lowlifes who break into homes with the intent of committing a crime. 1. It is very rare, a very small percentage of burglars committed are by people known familiarly to the victim. 2. Plenty of evidence can be lacking. example: lack of deceased's footprints by the door. lack of tools used to force entry on deceased's person. lack of fingerprints on tools. Your fingerprints/DNA on the tools. Unexplained time gaps between estimated time of death and you calling the police. Witness testimony from friends and family of deceased who will say "He was invited over, you're a lying sack of shit". I never said my example was a concrete, but I've been to a random stranger's house after looking at a stranger's ad on craigslist (a guitar amp) and I asked if I could test it, so I went in. In retrospect, it was quite dangerous, but I was young at the time. However, I do agree that this example is inapplicable because if I disappeared perhaps my email/phone exchanges could be traced and this person would be tracked down. Your second point is quite convincing, and I may not be a smart enough to plan out the proper plot, but in case there is someone who can (then again, this person probably wouldn't need this rule at all and just kill the person without a trace of evidence). I don't mean to shoot down your opinions btw, in case you were feeling that way. As a graduate in audit, I'm just naturally skeptical, especially with my lack of knowledge with this regulation. | ||
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Greatness
United States450 Posts
On June 30 2011 13:09 MozzarellaL wrote: The funny thing is though, the law does not allow you to shoot at random people passing through on your property. That rancher was probably charged with attempted homicide (and I hope he was found guilty). You seem like a lawyer, how many cases do you come across where the burglars have a history of extreme violence against people, compared to burglars that don't. I'm guessing 95% of burglars have a history of violence. | ||
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DoubleClone
United States5 Posts
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Whitewing
United States7483 Posts
On June 30 2011 12:01 Arishok wrote: In the US it is legal to shoot intruders un-invited on our property if they are deemed a threat, AFAIK Personally if someone broke into my house I wouldn't get close enough to them to use a knife, regardless of what was legal or not. No, it depends on the state you live in. In many states, it is not legal, and in others, it is. It is not a federal law however. | ||
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Maliris
Northern Ireland2557 Posts
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MozzarellaL
United States822 Posts
On June 30 2011 13:10 Greatness wrote: You seem like a lawyer, how many cases do you come across where the burglars have a history of extreme violence against people, compared to burglars that don't. I'm guessing 95% of burglars have a history of violence. I'm not a lawyer...I did study criminal law a bit, though. I'd venture a guess that the vast majority of burglars break and enter with the intent to steal things. But a fairly good percentage do so with the intent of raping, or kidnapping, or killing the residents. I wouldn't take the chance -- nobody should. A resident should be allowed to use any force necessary to stop a burglar from taking another breath. Many states consider burglary to be on the same level as a violent crime, like assault, murder or rape, and for good reason. | ||
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Grobyc
Canada18410 Posts
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dogabutila
United States1437 Posts
On June 30 2011 12:32 Hekisui wrote: And even besides that, how does a criminal deserve to die? They break the law. It is immoral. But killing a criminal on sight is also immoral. Your plasma tv isn't worth more than the life of a criminal. No it isnt. Yes it is. If I had one at any rate. | ||
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GhostKorean
United States2330 Posts
On June 30 2011 12:32 Hekisui wrote: And even besides that, how does a criminal deserve to die? They break the law. It is immoral. But killing a criminal on sight is also immoral. Your plasma tv isn't worth more than the life of a criminal. I would actually value my plasma tv over a life of some criminal. | ||
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yrba1
United States325 Posts
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Hekisui
195 Posts
On June 30 2011 13:27 GhostKorean wrote: I would actually value my plasma tv over a life of some criminal. Then you are an immoral person and no better than a criminal yourself. You wouldn't value your own life over that of a plasma tv if you weren't yourself, it seems. Also, all these fake though guys that claim they would like to kill someone, when you actually do you are going to have nightmares all your life. Enjoy. | ||
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LazyMacro
976 Posts
On June 30 2011 12:01 Arishok wrote: In the US it is legal to shoot intruders un-invited on our property if they are deemed a threat, AFAIK Personally if someone broke into my house I wouldn't get close enough to them to use a knife, regardless of what was legal or not. It depends on the jurisdiction. In some places, trespassing warrants the use of lethal force. In other areas the castle doctrine takes effect. The castle doctrine basically states that you have no duty to retreat if you're threatened within the confines of your dwelling, and that if an intruder forces his or her way into said dwelling it's assumed they're there to do harm and thus lethal force is justified. | ||
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MozzarellaL
United States822 Posts
On June 30 2011 13:32 Hekisui wrote: Also, all these fake though guys that claim they would like to kill someone, when you actually do you are going to have nightmares all your life. Enjoy. I'll have worse nightmares when a burglar breaks into my home and rapes my daughter because I didn't want to shoot him. Never mind her nightmares. You make a lot of sense. | ||
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Hekisui
195 Posts
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