Lawyers: Could you kill someone who breaks into your house?

[HRoi]

only if he came on your face while you were sleeping

 

[Nil]

Originally Posted by Get Smart

but this is a topic I've had a lot of discussion with friends over the years & I have few guns within reach of my bedside just in case (and a 500+ year old japanese sword which might be more effective in scaring an unarmed burgler)

A few years ago there was a break in a couple of blocks from where I currently live by two armed robbers. The home owner fought them off with his samurai sword by chopping off the hand of one of them and stabbing the other in the abdomen.

As for my home defense, I keep firearms near my bed and in my office, the two places I spend the most time. If I hear someone break in, I will not go searching for them. I'll instead call the police and depending on my location, either position myself at the top of the stairs (directly outside of my office) or behind my bed in my room. If they leave before I have to shoot, all the better as I do not want the death of someone on my conscious, but if they approach, I will not hesitate to end the threat.

 

[Trenditional]

Originally Posted by lee_44106

After you shoot the ******, preferrably DEAD,

-keep mouth shut to cops except keep repeating the following:
"I was afraid for my life and for the life of my family"
-talk only to your lawyer


Disclaimer: this is NOT legal advice, and if you read this and do this and follow my line of reasoning and get in trouble, then good luck to you

This hits the nail on the head!

I like the life motto....Deny Guilt, Demand Proof and NEVER speak without an attorney!

 

[overdog]

Those of you that keep guns near your bed--do you keep them in a safe? Loaded or unloaded? Do you have any kids? Just curious...

 

[crazyquik]

I don't know, can you? Unless you are former law enforcement or military, and even if you are, your pulse is going to zoom well past 120 bpm, your body will have a massive adreneline dump, and you may begin shaking uncontrollably.

It's something easier to type out than to do.

There is an extensive literature on this, both from the practical aspects, to the legal ones. A style message board is probably not the best place to find it.

 

[the law]

Originally Posted by overdog

Those of you that keep guns near your bed--do you keep them in a safe? Loaded or unloaded? Do you have any kids? Just curious...

I have a small pistol safe next to my bed with one of my Glocks. Full mag is not inserted but next to gun in the safe. I have three young children.

 

[Quatsch]

Originally Posted by crazyquik

I don't know, can you? Unless you are former law enforcement or military, and even if you are, your pulse is going to zoom well past 120 bpm, your body will have a massive adreneline dump, and you may begin shaking uncontrollably. It's something easier to type out than to do. There is an extensive literature on this, both from the practical aspects, to the legal ones. A style message board is probably not the best place to find it.
This is a good point. "Know thyself." I don't think courage is the issue, but I really have no idea whether or not I'd have the nerve to calmly & efficiently defend myself, even if I do know my way around a gun. If the time ever comes, I hope so. For reasons such as this, I think a 1-2 year compulsory military service would be good for us, though I wouldn't support it in a vote because I believe it goes against what America is. Also, on the whole issue of "reasonable fear of imminent peril" or whatever, wouldn't that be a very grey area? I mean, especially if a break-in happened in the night, we're conditioned by society & media to assume the worst. If someone broke into my apartment, I'd assume they may kill me to silence me. If I had a wife or girlfriend there, I'd be afraid they would attempt to **** her, and that would be something I wouldn't be prepared to permit at the cost of my liberty or my life. Likewise, I'm sure those who know what it is to be a parent would be terrified for the safety of their children. Edit: I am also of the opinion someone should be considered to forfeit most of their rights, ie, the right to not get effing shot, when they invade your home.

 

[Xiaogou]

Originally Posted by LuxeStyles

If there is a criminal that broke into your home, are you legally allowed to kill them? Would you be charged with murder? What happens if the burglar is unarmed, but you assumed they had a weapon?

Yes, its known as the Castle Doctrine. Of course, your life would have to be threatened. Also, go to a gun show and buy a cheap 38 or whatever. If the occasion ever comes about, that is the gun you plant on the person you just shot.

 

[Ataturk]

When somebody breaks into your house while you're in it, they're effectively threatening your life. That's usually enough to prove that you were in fear of an imminent threat for self defense.

The "castle doctrine" laws codify this, but it's effectively the rule in many (most, all?) states that don't have a formal castle doctrine law.

When it's just you and the burglar, and he's dead, how is anybody going to rebut this presumption? I'll tell you how--when you open your big mouth. So, again, don't talk to the cops before you talk to a lawyer. I can't stress this enough.

 

[odoreater]

Originally Posted by Ataturk

When somebody breaks into your house while you're in it, they're effectively threatening your life. That's usually enough to prove that you were in fear of an imminent threat for self defense.

The "castle doctrine" laws codify this, but it's effectively the rule in many (most, all?) states that don't have a formal castle doctrine law.

When it's just you and the burglar, and he's dead, how is anybody going to rebut this presumption? I'll tell you how--when you open your big mouth. So, again, don't talk to the cops before you talk to a lawyer. I can't stress this enough.

Not necessarily. For example, ballistics evidence can be used to rebut this argument. If ballistics evidence shows that the guy fell by the door and was shot in the back, that could be enough for a conviction. There are other ways that it can be rebutted, but that's one example.

 

[Ataturk]

I didn't say it was impossible.

But I don't think the fact that a burglar was shot in the back, by itself, is going to convict anybody. Even if he was standing next to the door.

 

[Nil]

That's why you shoot to stop the threat, not kill. If it ends in the criminal's death, so be it, but as soon as he ceases to be a threat (i.e. running away, surrending unarmed, incapcitated, etc.) you stop.

 

[globetrotter]

Originally Posted by Nil

That's why you shoot to stop the threat, not kill. If it ends in the criminal's death, so be it, but as soon as he ceases to be a threat (i.e. running away, surrending unarmed, incapcitated, etc.) you stop.

actually, that is something that I disagree with. the preference is not to shoot people. but if you decide that you really have to shoot somebody, shoot until you are sure that the threat is over = until he is extremly dead. never shoot anybody to "wound".

 

[RJman]

Originally Posted by Xiaogou

Yes, its known as the Castle Doctrine.
Stana Katic is the only good thing about that doctrine.

 

[Nil]

Originally Posted by globetrotter

actually, that is something that I disagree with. the preference is not to shoot people. but if you decide that you really have to shoot somebody, shoot until you are sure that the threat is over = until he is extremly dead. never shoot anybody to "wound".

I believe we're getting at the same thing. Shooting to wound is a ridiculous notion that belongs in movies. Put as many holes in the guy/gal as possible while he is a threat. But you should stop once he ceases to be, even if he isn't dead. If after the confrontation the guy is laying on the ground clearly unarmed but otherwise still alive, you have no right to execute him.