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Sec. 9.41. PROTECTION OF ONE'S OWN PROPERTY. (a) A person in lawful possession of land or tangible, movable property is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property."
i am mainly concerned my car works well, i have a habit of leaving change in the car that falls out of my pockets, i leave the car unlocked if someone needs the "bus fare" they are welcomed to it..
throughout my life i have found "shiny new things" brought momentary happiness and that true happiness is within me
Can you at least try to put yourself in the shoes of someone that is very poor without anyone that can bail them out financially on the edge of feeding their family and keeping a roof over their head....and ending up in a shelter?
These are the people that live in the poorest neighborhoods and are most likely to be victimized in any number of ways.
They say things like "He did not have to come out and shoot him,” she said. “It was a car! All he had to do is call the police."
I think most of us would say well the criminal didn't have to go to the guys house to steal his car.
Ideologically I agree with you but the law is to the contrary. See Katko v. Briney--"The Spring-Gun Case"(link) that many of us had in law school (spoiler alert; use remotely triggered force sparingly if at all):
Quote:
Originally Posted by Supreme Court of Iowa
Instruction 6 state: 'An owner of premises is prohibited from willfully or intentionally injuring a trespasser by means of force that either takes life or inflicts great bodily injury; and therefore a person owning a premise is prohibited from setting out 'spring guns' and like dangerous devices which will likely take life or inflict great bodily injury, for the purpose of harming trespassers. The fact that the trespasser may be acting in violation of the law does not change the rule. The only time when such conduct of setting a 'spring gun' or a like dangerous device is justified would be when the trespasser was committing a felony of violence or a felony punishable by death, or where the trespasser was endangering human life by his act.'
Prosser on Torts, Third Edition, pages 116--118, states: 36
'* * * the law has always placed a higher value upon human safety than upon mere rights in property, it is the accepted rule that there is no privilege to use any force calculated to cause death or serious bodily injury to repel the threat to land or chattels, unless there is also such a threat to the defendant's personal safety as to justify a self-defense. * * * spring guns and other mankilling devices are not justifiable against a mere trespasser, or even a petty thief. They are privileged only against those upon whom the landowner, if he were present in person would be free to inflict injury of the same kind.' [...]
***************4344In addition to civil liability many jurisdictions hold a land owner criminally liable for serious injuries or homicide caused by spring guns or other set devices. See State v. Childers, 133 Ohio 508, 14 N.E.2d 767 (melon thief shot by spring gun); Pierce v. Commonwealth, 135 Va. 635, 115 S.E. 686 (policeman killed by spring gun when he opened unlocked front door of defendant's shoe repair shop); State v. Marfaudille, 48 Wash. 117, 92 P. 939 (murder conviction for death from spring gun set in a trunk); State v. Beckham, 306 Mo. 566, 267 S.W. 817 (boy killed by spring gun attached to window of defendant's chili stand); State v. Green, 118 S.C. 279, 110 S.E. 145, 19 A.L.R. 1431 (intruder shot by spring gun when he broke and entered vacant house. Manslaughter conviction of owner-affirmed); State v. Barr, 11 Wash. 481, 39 P. 1080 (murder conviction affirmed for death of an intruder into a boarded up cabin in which owner had set a spring gun)
The jury may nullify and acquit anyway but I wouldn't rely upon that.
Can you at least try to put yourself in the shoes of someone that is very poor without anyone that can bail them out financially on the edge of feeding their family and keeping a roof over their head....and ending up in a shelter?
These are the people that live in the poorest neighborhoods and are most likely to be victimized in any number of ways.
The leftists / liberals / Democrats will claim they help and support the working poor but when a working poor person stands up for themselves suddenly the support morphs into criticism and attacks.
The leftists / liberals / Democrats will claim they help and support the working poor but when a working poor person stands up for themselves suddenly the support morphs into criticism and attacks.
Both parties give people a lot of lip service on various topics.
I'm specifically sticking to an issue, which is law enforcement where currently the left has gone overboard in parts of the country trying to be woke and the wrist slaps, bail reforms being applied to violent offenders and outright refusal to prosecute some crimes is going to have the greatest negative affect on poorer minorities.
Ideologically I agree with you but the law is to the contrary. See Katko v. Briney--"The Spring-Gun Case"(link) that many of us had in law school (spoiler alert; use remotely triggered force sparingly if at all):The jury may nullify and acquit anyway but I wouldn't rely upon that.
Booby traps set to injure trespassers is one thing and any one setting them should be brought to justice. The idea of a first responder like a firefighter having to get into a dwelling to save the occupants gets caught in a deadly trap is a horror story in the making.
This guy noticed 3 men messing with his car, he went out with a gun in hand and shot at them. The thing is he did well to scare them off and should have called the Police with a description of them and their getaway car after that but he choose to fire at them. Did he make a lucky shot in hitting one of the criminals? A jury might have to figure that out but in the end the criminals made the choice to steal and in doing so they should be willing to accept that they might be injured, arrested or even killed in the commission of their crimes.
I don't know the skin tone of the criminals but the victim was Black so he has that on his side because we all know if he was white and he had shot a black suspect there would be a media driven narrative of white supremacy.... blah blah blah..
Going back to my original concern with this story I had checked 3 different sources to find the best to link to my post and the 3 I found all gave more words to the family of the criminal that lost his life and few words to the actual victim of the crime.
Going back to my original concern with this story I had checked 3 different sources to find the best to link to my post and the 3 I found all gave more words to the family of the criminal that lost his life and few words to the actual victim of the crime.
That is what is wrong in America today.
I agree with you on a personal level. So do most juries.
Quote:
Originally Posted by retiredcop111
IMO anyone committing a felony against you or your property should expect to get shot. I have zero problem with it!
True. Being a hardened criminal has its occupational hazards. I would not want to be their life insurer.
Can you at least try to put yourself in the shoes of someone that is very poor without anyone that can bail them out financially on the edge of feeding their family and keeping a roof over their head....and ending up in a shelter?
These are the people that live in the poorest neighborhoods and are most likely to be victimized in any number of ways.
I have a friend that lives in his car. He never misses a child support payment and works a decent warehouse job.
If someone was to steal his vehicle it would put him on the street, probably lose his job and his kid would not get that monthly support check.
That car is just about everything to him to keep him going.
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