Burglars say shop owner tortured them, made them strip naked after they broke into store

[trishguard]

Originally Posted by Brave New World

The store owner is entitled to defend his property, as for what went on there are no independent witnesses, so the case would have to hinge on injuries sustained, unless of course there is CCTV, however no CCTV is mentioned.

You can't possible convict someone with evidence based solely on the testament of two people who were going to commit a burglary, unless of course they can demonstate injuries which can be directly linked to events.

Remember when dealing with the 'Criminal Law' there has to be over 99% certainty which must be 'beyond any reasonable doubt'.

It sounds like the store owner may have backed up the burglars statements. This is what happens when you talk to the police without an attorney because you think you are in the right. Always seek counsel first no matter how justified you think your actions are.

[Maccabee 2A]

Originally Posted by longneckone

If they live through it you will face a big lawsuit.

If you told the judge you shot to kill you'll face criminal charges. This isn't the movies and if you make every effort to avoid the situation then the courts would most likely rule in your favor. Every self defense instructor worth his salt will tell you that your goal is not to kill but to stop the threat.

[kell490]

Originally Posted by Maccabee 2A

If you told the judge you shot to kill you'll face criminal charges. This isn't the movies and if you make every effort to avoid the situation then the courts would most likely rule in your favor. Every self defense instructor worth his salt will tell you that your goal is not to kill but to stop the threat.

Most courts use the standard "Reasonable person's fear for their life standard" use of deadly force in self defense killing. You don't have to be backed into a corner simple case your a woman home with a baby and someone kicks in the the front door they bust in wearing ski masks it's dark woman fires and kills intruder no county prosecutor in this country is going to charge the woman with a crime she could say she shot him in the face to kill him would not matter. It's reasonable that someone would fear for their life I think this would fly even if it was a man and his family in his own home killed the intruder. Your assumption that one has to make an effort to avoid the situation is false. It's reasonable fear for ones life at that moment in time because a home invader is kicking down a door with ski mask on it's reasonable to conclude that person is there to do harm.

Case where your a man at a bar and get into a fist fight the man is losing the fight pulls a gun fires kills the other guy that isn't really isn't going to measure up to the Reasonable person standard most people know a fist fight will not result in death. Still in some states it still might get them off case in point Florida's stand your ground.

[Zymer]

Originally Posted by Red as Gold

So?
Preventing recidivism doesn't prevent the original crime
It also opens up for revenge vigilanteism.
Not to mention, if a vigilante enacts what they believe is justice on the wrong individual - that's a crime.


So, if it's your belief that vigilante justice prevents crime, provide some hard evidence to support your position.

The numbers speak for themselves, and in a very simple manner. It's not my fault if you lack the ability to comprehend the significance, or choose to be obtuse.

[arleigh]

People that plan a crime usually know there is a chance of being caught .
To some it's the thrill of the event and others a desperation for any number of reasons.
Regardless,
It is a premeditated action against another person or persons.
This predatory mind set is a problem the courts seem to support by plea-bargaining and ignoring facts.
The frustration of the public is growing, for this liberal defense of the criminal.
There are few deterrence, and criminals get better treatment than victims.
The court system is corrupted .
Frivolous law suits favor the abuse of the system rather then true justice based on facts and truth.
I have seen good businesses go out, due to these stupid law suits. (some one abusing the product)

I agree the store owner in this case under discussion ,exceeded what is necessary in holding the perps .
However, if the court system was doing their job ,those extra actions would not have been necessary .
Get liberals legal abuses out of the court system, and people won't feel the need to impart a little justice of their own as a deterrent .
Till then, the lack of deterrents crime will continue unchecked.
Lawyer's write the laws to favor their own business. Not public safety.