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

MrG · Aug 21, 2009

Originally Posted by SField

I think the moment you break into someone's home you basically forfeit every basic right. I have absolutely no problems with burglars being shot dead.

I agree. I'm willing to let people do pretty much whatever they want if it poses no threat to me and it occurs on their property. If a person breaks into my home, however, I shouldn't be forced by law to assume they've done so for innocuous reasons.

Benzito · Aug 21, 2009

Could you kill them? Do you know karate?

Johnny_5 · Aug 22, 2009

Just kill him. When you are questioned by the police just tell them that after you told him to "freeze" he went for his waistband.

AR_Six · Aug 22, 2009

Originally Posted by SField

I think the moment you break into someone's home you basically forfeit every basic right. I have absolutely no problems with burglars being shot dead.
I actually don't either, really, but in the abstract a proportional response makes intuitive sense to me. Hence it's not as much a matter of forfeiting rights as doing what you have to do to repel a threat, and no more. I mean it's not like you could slowly torture the son of a ***** to death.

DNW · Aug 22, 2009

In NY, you don't have a duty to retreat. If a burglar breaks into your house, you can basically shoot him dead if you feel you're in imminent danger. But, if you step outside, like a recent case where a black guy shot dead a couple of white idiots who chased his son to his door step, the result might be very different. Of course, this is only DNW's interpretation of the law, not necessarily the law itself. Shoot-to-kill at your own risk.

lawyerdad · Aug 22, 2009

DNW · Aug 22, 2009

Originally Posted by lawyerdad

Where do you stand on this issue?

lawyerdad · Aug 22, 2009

Originally Posted by DarkNWorn

Where do you stand on this issue?

Personally, I think you all HBT.

But I'd say you and zbromer have it about right.
Although when I first read the thread title, my interpretation was more like Benzito's.

DNW · Aug 22, 2009

Originally Posted by lawyerdad

Personally, I think you all HBT.

But I'd say you and zbromer have it about right.
Although when I first read the thread title, my interpretation was more like Benzito's.

HBT = Heterojunction Bipolar Transistor?

teddieriley · Aug 22, 2009

I don't see why you just don't shoot the guy (or woman) in the leg. At least that's what you tell the cops you tried to do.

Mr. Macaque · Aug 22, 2009

now you're talking. the whole point is to not do damage that is out of proportion to the threat. there are all sorts of ways to fend off a criminal without resorting to deadly force. you can use pepper spray, a kitchen knife (in a non-deadly fashion), a baseball bat, or just threaten with a gun but not shoot. usually that is enough to scare them off, because burglars like easy jobs where there is little resistance. if they wanted a showdown they would rob a liquor store.

SField · Aug 22, 2009

Originally Posted by JD_May

I actually don't either, really, but in the abstract a proportional response makes intuitive sense to me. Hence it's not as much a matter of forfeiting rights as doing what you have to do to repel a threat, and no more. I mean it's not like you could slowly torture the son of a ***** to death.

No I don't agree about torture, I just don't think that anyone breaking into someone else's home unless it is for absolutely extraordinary reasons should have any standing in pursuing legal action, criminal or civil.

AR_Six · Aug 22, 2009

Well they don't have standing to pursue criminal action, the state does.

SField · Aug 22, 2009

Originally Posted by JD_May

Well they don't have standing to pursue criminal action, the state does.

I should have said no one, including the state.

AR_Six · Aug 22, 2009

The point is that it doesn't really have much to do with them. If you murder someone, the state will prosecute you whether the victim wanted a prosecution or not. The only way you could take away the victim's "standing" is to say that they ceased to be a human being on account of their actions.

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

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