Deadly Force

[scotd1]

LHSmith,
Sorry about that, I know what you mean and feel the same way about acronyms but with all the talk in the media about concealed carry weapon (CCW) permits in the last few years I thought that anyone interested in this thread would know what that was.
"And how well-defined (and uniform) is the concept of "Grave bodily harm"?"
Well, LH, you have pick out the heart of the problem: Making a decision in a split second as to what a grand jury will think is a reasonable response/action. What is the legal definition of grave bodily harm? I don't know, I have my own which probably is pretty close to yours but it is a vague term.

 

[scotd1]

Thanks, I stand corrected.

 

[Jag]

Mr. Scott, you are welcome.. (I will try more be more polite, as I took the time to check your name.) General info, and I do mean generally speaking, eastern state law is base on the retreat doctrine, meaning that one is required to retreat from an flight, if you will, if it is reasonably do so safely, even in your own house.. Western states are generally based on the right of self-defence, especially on you own land or house. You can stand and fight and use what ever is required to prevail, even for minor property. And that mid-line is the good ol' Missip...

As some has asked what about that night thing, you may not agree on way or another but it is the law. And as adressed by a few, gives more leaway to the "party in the right" when it hard to see and tell exactly what is happening and how much jeopardy one may place himself into to defend his property. Still even if one has done everything with in the letter of the law, one can still go before a grand jury and to trial... not to mention the civil law suites... It is much better to think about this during the day while one is wide awake than half asleep in the middle of the night.

 

[Anonymous Poster]

Thanks, Bird and Scotd 1 /w3tcompact/icons/smile.gif

[[[There actually were a number of men who had the choice of being "sentenced" to at least 2 years of marriage or 2 to 10 in prison.]]]

Anybody pick prison?? /w3tcompact/icons/shocked.gif

Larry

 

[Bird]

<font color=blue>Anybody pick prison??</font color=blue>

Yeah, Larry, some went to trial in hopes of winning, and once the trial concluded, well, some of them lost. But the case I liked was testimony of a one-night stand where the guy went in a bar, and after a very brief meeting with a "lady?", he told her he'd marry her if she'd go to bed with him. She did; he renegned. But at the conclusion of the trial, the old judge said this "smacked too much of barter rather than seduction" and found the guy not guilty./w3tcompact/icons/laugh.gif

Bird

 

[Alan L.]

I don't really know what the law is here in Texas, but I can tell you that any person fooling around my house in the middle of the night will find himself face to face with a 12-guage. Anybody breaking into a house, especially when we are obviously home, is up to no good. I'm liable to shoot first and ask questions later.

As for shooting people running off with your chickens, I might fire some shots, but I probably would not try to kill somebody. They might think twice about showing up at my place again.

I thought I saw on the news the other day that a fresh new law here in Texas allows the use of deadly force against people fleeing with your personal property. I could have heard it wrong or misunderstood.

I'm not for killing 14 year olds for petty theft, but if we heard more on the news about common citizens shooting would-be burglars, that would seem to be a great deterrent.

My 80-year old father (who died in 1999) proudly displayed his concealed weapon permit. I plan to get one of my own, especially for vacations and such.

Alan L., TX

 

[GlueGuy]

There was a case in San Francisco about a year or two ago. A fellow living in a poorer part of town heard somebody making noise in his house where he'd been sleeping (in his bedroom). He was scared (rightfully so). However, he had a handgun wrapped in some old newspaper under his bed. He pulled it out, and stood in front of his bedroom door. When the (would be) burglar opened the door, the guy shot and killed him.

As it turned out, the guy had a tire iron (or something like that) in his hand, and could have bludgeoned the guy. The DA did not even charge the guy. They just wrote it off as "justifiable homocide", or "self-defense". There was a tiny flurry of news reports, but no one had any sympathy for the burglar.

The GlueGuy

 

[ejb]

My suggestion, and one I have heard before, is if you need to shoot someone make sure you put a knife (or even a sharpened screwdriver) into the body's hand before the police get there. *Just make sure it doesn't match your kitchen knife set*. I agree that if someone is coming thru a window in the middle of the night, they deserve to be shot, no questions asked and no need to retreat. On the other hand, while it might be justifiable, I wouldn't want to risk being charged with murder for shooting someone running off with something from my property.

Another question: Home many people on this forum own guns? I bet its a higher % than the general population.

 

[Boondox]

When I was in grad school we had a series of breakins at my apt complex. One night I heard my front window sliding open and walked out there in time to see a very large person with a Jimmy in hand slipping into my place. I grabbed my Louisville Slugger and did a home run swing on his outstretched hand. The police picked him up a couple of hours later in the emergency room.

Using a firearm for more than threatening someone away, though... Personal choice, but after my experiences in SE Asia the thought of actually shooting a fellow American has absolutely no appeal. Call me a wimp, but if the sound of my rifle being cocked doesn't scare them off, and if the boom of a round placed near his feet doesn't make him drop whatever he stole, I'd probably let him go in the hope he'd remember the close call and go elsewhere. Hell, even the local coyotes know the first round goes into the dirt as they approach the chicken coop! On the other hand, if my dogs were threatened with physical harm...

Guess my personal verdict is I hope to heck it never happens.

Pete

www.GatewayToVermont.com

 

[Roy]

<font color=blue>Guess my personal verdict is I hope to heck it never happens.</font color=blue> I agree wholeheartedly. Problem is, one has to react quickly. You could be in danger (which reaction time is critical), or you may not be. Unfortunately, one can never tell until after the fact. Hesitate and take the risk of having you or your family harmed? React too quickly and remorse the decision later? Best I can do is simply pray that I am never in such a situation.

Cost of reacting too soon: Had an instance in DC recently where a window was being opened into an apartment, it was late at night and it was dark. The place had been broken into several times before. One of the family members awoke and fired away. They killed their own son, who snuck out of the place, and was coming back in.

Cost of reacting too late: Your dead.

I don't want to ever be tested myself.


Roy