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The issue is whether a home owner should be required to assume all of the risk involved in a home invasion.
The homeowner shouldn't be required to assume any risk whatsoever in the event that their property is illegally entered. Any law to the contrary would have the effect of blaming the victim.
One needs to define what is meant by intruder. In every state that I can find, there still has to be some illegal intent or reasonable presumption of imminent harm on the part of the person who has "intruded" in one's home.
Incorrect.
Quote:
A person who unlawfully and by force enters or attempts to enter the dwelling, residence, occupied vehicle of another person, or a place of business is presumed to be doing so with the intent to commit an unlawful act involving force or violence.
In Oklahoma a person who forces entry is PRESUMED to be doing so with intent of using force or violence. There is no requirement for them to be armed or to threaten anyone, they are presumed to be doing just through the fact of breaking and entering.
Other states have the same language...not all but some.
I remember when I was young, living in California with a young family. At a gathering of friends the chief of police was there.
This subject was brought up and his advice was, "If you shoot a burglar and they are outside your home, always drag them indoors before you call the police".
Prosecuted? In the case as described, no. Fully investigated? Absolutely. If someone has truly broken into a house the homeowner has a right to shoot them. That said, just because someone is in your house you don't have the right to shoot them. The police need to verify that the person really broke in and wasn't invited over (i.e. a dispute between friends turned violent, a planned robbery of the person invited over, etc).
About 20 years ago a neighbor of mine shot a guy who broke into his apartment. It started out being a suspected home invasion. After investigating they found out the two people involved had known each other for awhile. In the end it turned out the shooter was dealing coke and the guy who was killed may have broken in to steal drugs and money, but most likely had just gotten into a fight over money with the guy. He ended up going to jail for dealing, but I don't believe they ever prosecuted him for the shooting.
Basic rules we learned in Kindergarten...if it's not yours, don't touch it.
So if some poor, down on his luck, misguided person BREAKS into my home and tries to take what is not his, then I get to defend myself and my property. If that ends up with the poor misguided perp dead, well, that is just unfortunate, because then I'll likely be busy cleaning up the mess, and I just have too many things to do...I don't need one more thing added to my list!
There is usually a loaded firearm within arms reach. When my son is visiting (which he does frequently), he is usually carrying. When any of my BILs visit, they are usually carrying.
So basically....if the crooks want to live, then they should not take what does not belong to them.
I think he should go to trial for it. He did kill someone which is against the law, so is firing a gun in a city (if he is in the city limits)
Killing someone or firing a gun in self defense is not against the law. The specifics are going to vary by state but assuming he in legal possessions of the weapon there is no crime here.
In Texas, the law is very clear. If someone attempts to enter the home forcefully without permission, the homeowner is free to open fire. In fact, we have a law that explicitly says that a homeowner has the legal right to defend himself and his property.
Killing someone or firing a gun in self defense is not against the law. The specifics are going to vary by state but assuming he in legal possessions of the weapon there is no crime here.
But killing someone and shooting a gun are, he doesnt get a free pass because of the circumstances, he just wont be found guilty
A home invasion is equivalent to rape in terms of trauma in my opinion....You're entire sense of safety/security is violated forever and you are never look at your home in the same way....Especially when it happens while you are alone at night (and wake up to someone with a gun on you)....I'm sorry I just don't have any sympathy for someone who does a crime like that....I don't care what age they are or how poor they are.....I would rather a criminal just robbed a bank or something at-least that's not as traumatizing to the victim...
Anyone who commits an armed home invasion should be killed imo...
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