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You "can" anywhere, but will pay for it with years of servitude. In most states, there has to be some threat to your person to justify the use of deadly force. If you go downstairs and see somebody passed out on your sofa, you don't have the moral or legal right to shoot them. Now if they wake up, grab a weapon and charge you, well that is self defense, but their benign mere presence in your building or house, absent any threat to life or limb is not, in sane jurisdictions, sufficient to bypass, DA, judge and jury.
"My stance is, once you decide you're going to engage in a criminal act like breaking/entering, your forfeit your rights and are assuming any and all outcomes that might result, including death."
So in your world, mere decision to do a crime "like" B & E, you are rightfully dead man walking? I'm glad you're not in charge of anything!!!!
The people in charge already agree with me and with the op. Why don't you Google felony murder? And see that committing a crime actually increases the punishment for anything else that happens as a side effect of your criminal activity.
Yes, I am perfectly fine with anyone who has decided on a life of crime as a career choice being dead. They contribute nothing to society and help create the feeling of chaos and uncertainty and lack of safety that hurt society in general.
I do not believe in the death penalty for anything but the most egregious of crimes. But if you happen to get hurt or dead because you are committing a crime, I'm not going to boo hoo over your grave.
The people in charge already agree with me and with the off. Why don't you Google felony murder? And see that committing a crime actually increases the punishment for anything else that happens as a side effect of your criminal activity.
You've already lost the argument. The OP made a ludicrous statement, you defended it in my response to his stupid post. I agree that criminals are "bad", but nobody forfeits all their rights. Even a person condemned to death by Judge a Jury has the rights to not have cruel and unusual punished applied to them. So, no, criminals never forfeit all rights.
The op didn't specify where or what was being broken into. What if he broke into your detached garaged, or your tool shed. Do you still feel you have a right to kill them, to protect your rake, or, perhaps, your power mower. The OP didn't place limits, but made a Carte Blanche statement, and I am pointing out how stupid it was, and you are helping me do that. Thanks for helping me illustrate the absurdity.
what I "feel" is irrelevant. What matters is the law.
I just checked. the OP stated that the intruders broke "into the guys house".
The LAW (which is what matters, not my personal opinion).
Texas law extends to where you live (detached garage is not where you live), your vehicle, your place of work.
if a person enters with force, (breaks in) you can use deadly force.
Property law does not allow deadly force for criminal trespass, but force is allowed. force would include displaying a firearm.
deadly force can be used to prevent someone from fleeing with your property (but there are limits)
Further, Texas law states that you have "no duty to flee or attempt to flee" even if by doing so you can avoid the entire situation.
So.... breaking into a persons house (which the OP stated was the key) in Texas, you can shoot to kill that person. period. you cant do that if you find someone standing in your tool shed. you can shoot them in your place of business.
I think this thread is getting silly. if in fact the killer invited these people into his home, and if in fact they were there to collect his fare for a cab ride, then we are a long way from knowing the details. This guy just might be a murder.
your analogy is laughable. there is a huge difference between someone breaking into an abandoned warehouse and the home where your family lives
In any case you are wrong because the first 10 Amendments to the US Constitution give you Rights whether you are innocent or guilty, a perp or a victim. For example, you have the right to a fair trail by a jury of your peers before your liberty or life is taken away from you. You have the right of presumed innocence and guilt has to be proved beyond all reasonable doubt. While you may confront a possible felon , you are not judge jury and executioner. If you think you are, the Bill of Rights is meaningless, a huge joke actually.
what I "feel" is irrelevant. What matters is the law.
I just checked. the OP stated that the intruders broke "into the guys house".
The LAW (which is what matters, not my personal opinion).
Texas law extends to where you live (detached garage is not where you live), your vehicle, your place of work.
if a person enters with force, (breaks in) you can use deadly force.
Property law does not allow deadly force for criminal trespass, but force is allowed. force would include displaying a firearm.
deadly force can be used to prevent someone from fleeing with your property (but there are limits)
Further, Texas law states that you have "no duty to flee or attempt to flee" even if by doing so you can avoid the entire situation.
So.... breaking into a persons house (which the OP stated was the key) in Texas, you can shoot to kill that person. period. you cant do that if you find someone standing in your tool shed. you can shoot them in your place of business.
The part of the OP that encapulated his opinion (as opposed to his preamble discussion which is merely providing background and stage setting) is quoted below. I challenge you to find any mention of house or home in these words.
"My stance is, once you decide you're going to engage in a criminal act like breaking/entering, your forfeit your rights and are assuming any and all outcomes that might result, including death."
Further, he didn't even limit to it actual B & E, but mere decision to do the crime forfeits your rights.
Last edited by Propulser; 05-12-2016 at 02:44 PM..
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