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

Originally Posted by JD_May

Click to expand...

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.

I'm not aware of this defense. Is it a Canadian thing?

Where I live, Texas, you can also use deadly force to defend not only yourself but your property (during the hours of darkness). I remember a case a few years ago where a property owner was having cinder blocks or some such thing repeatedly stolen from his fenced in property. He laid in wait on the roof during the night waiting for the thieves. He fell asleep and was awakened as the thieves were driving away from his lot with a pickup full of cinder blocks. He shot and killed the driver with his deer rifle. As I recall he was not charged with any crime. Although I can understand the owners frustration I'm don't think I'd kill someone over cinder blocks. I think I would have held the thieves at gunpoint and then called the po po.

Originally Posted by DarkNWorn

Click to expand...

I'm not aware of this defense. Is it a Canadian thing?
Yes, it allows for our long-standing cultural practice of turning criminals into house pets.

Originally Posted by DarkNWorn

Click to expand...

HBT = Heterojunction Bipolar Transistor?

Close. It's Bionic.

are you permitted to break into a burglar's home to retrieve your stolen goods?
or would you be charged with possession of stolen property?
can you kill yourself in self-defense (i am thinking pre-emptive strike here)

this is not illegal advice

probably wouldn't be charged with possession of stolen property, but you might get a B&E.

as for killing yourself in self-defense, the prosecutor would not be able to prosecute that.

The trick to home/burglar shootings is not to hang yourself afterwards. So if you do shoot someone in your house, your account to the police is:

"Lawyer--I want one."

so i was talking to this guy, a 72-year-old ex-marine about home invasion/execution just yesterday. he gave me some advice. he said that when you hear the ruffle duffle (five minutes it lasted) of a burglar, do NOT go looking for him. instead, retrieve the handgun from under your (dan marino) pillow and kneel down behind your bed, bracing yourself against the mattress, and wait for the motherfather to enter your room. then fire twice into his chest area. then fire a warning shot.

he stressed that the burglar should be in your home when you execute him because it is not kosher to shoot a retreating/escaping burglar. bad form. faux pas.

also, he said that if you catch the dude (it is gonna be a dude, not some foxy lady in latex) en flagrante, fire at him and then pull him through the window or whatever. then call the po-pos. or if you shoot him outside, drag him in.

he suggested a revolver because blah...

Originally Posted by Ataturk

Click to expand...

The trick to home/burglar shootings is not to hang yourself afterwards.
that could be construed as a guilty conscience. my defense would be auto-erotic asphyxiation

Originally Posted by odoreater

Click to expand...

probably wouldn't be charged with possession of stolen property, but you might get a B&E.
Butt Entry?!

No, it can't.

Originally Posted by lawyerdad

Click to expand...

Personally, I think you all HBT.

But I'd say Piobaire has it correct. It all depends.
Although when I first read the thread title, my interpretation was more like Benzito's.

FTFY.

Originally Posted by denimdestroyedmylife

Click to expand...

are you permitted to break into a burglar's home to retrieve your stolen goods? this is not illegal advice
reminds me of a joke why do white people go to black people's garage sales? To get their stuff back (no klansmen) and the thing about shooting to hurt (in leg etc)...doubt anyone who is being robbed would have the steady hand and nerves to do that when confronted. sounds like a scene from a bad tv show. besides if you're going to shoot, shoot to kill as dead men cannot sue you later 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)

i was informed that you could kill 'em, then put a weapon in their hand, then call the law...........but don't take my word for it.

Originally Posted by denimdestroyedmylife

Click to expand...

so i was talking to this guy, a 72-year-old former-marine about home invasion/execution just yesterday.
he suggested a revolver because blah...

FTFY