Posted on 11/21/2011 10:46:05 AM PST by marktwain
As an aside, it is comes the closest, of any case that I know of, where a homeowner was charged and convicted of shooting someone who was breaking into their home. American juries believe that a person's home is their castle, and they act accordingly.
“I feared for my life”.. Say it often, like every other sentence.
Come into my home uninvited in the dead of night if you will. The night won’t be the only thing dead.
In case of an armed robber or intruder, a reasonable person would assume that the weapon is intended to be used. That includes a crow bar or tire iron being used for breaking and entering, as far as I am concerned.
“Just because someone is in your house doesn’t mean you’re in jeopardy,” Cacciatore said.”
You’re in my house uninvited in the middle of the night - I’m looking at being in jeopardy and I’m thinking deadly force.
What idiots some of these people are.
The fact that they broke in while I was at home is clearly an intent to do violence. They believe that they will be able to subdue me, or kill me. They can only assume that I would resist. Therefor I am not going to see what weapons they brought till I drop them.
I may be old, but I am not stupid.
Come into my home uninvited in the dead of night if you will. The night won’t be the only thing dead.
I considered how safe my family was while cleaning the shotguns and handguns. We have a dog, alarm, fence and capable shooters with loaded firearms in touch safes from the sleeping position. Though I have ended up on the front lawn on a couple of occasions when the dog went nuts in the middle of the night, I feel pretty safe too.
I also have 6 fire extinguishers in the house, one next to my bed. I hope to never have to use any of my protection devices for protection.
Exactly! Only an attorney could ask how you could be sure you were in danger with a straight face.
I would love to ask that attorney where he lives and send someone over to his house in the middle of the to steal a gallon of milk from his fridge. "How did you know he wasn't breaking into your house to steal some milk?"
But in the Vermont case, the woman did not use deadly force. No one died. She fired three rounds from a firearm. It might as well have been firecrackers.
What if she was loaded with blanks? Would it be deadly force then?
Note to Santa: Phone this guy before you get there.......
More proof that we are in more danger because of lawyers than criminals breaking into our houses.
If, as these mental midgets claim, it is too difficult to determine if one is in danger from someone breaking into their house, then it is proof positive the greatest evil are the lawyers.
Once you enter my house, uninvited, in the middle of the night, I don’t care what your intent is, you will be laying in a pool of your own blood. And if some JBT tries to arrest me for such an action then From My Cold Dead hands come to mind.
Does one have to prove that they have not an ounce of common sense to be a law professor or DA in Vermont?
(2.1) Except as otherwise provided in paragraph (2.2), an actor is presumed to have a reasonable belief that deadly force is immediately necessary to protect himself against death, serious bodily injury, kidnapping or sexual intercourse compelled by force or threat if both of the following conditions exist: (i) The person against whom the force is used is in the process of unlawfully and forcefully entering, or has unlawfully and forcefully entered and is present within, a dwelling, residence or occupied vehicle; or the person against whom the force is used is or is attempting to unlawfully and forcefully remove another against that other's will from the dwelling, residence or occupied vehicle. (ii) The actor knows or has reason to believe that the unlawful and forceful entry or act is occurring or has occurred.
“Reasonable” is arbitrary and capricious and has no place in American law. It is an invitation to abuse.
“In Billings’ case, police say the 49-year-old fired three rounds from a handgun at a man trying to enter her home on Tuesday. The intruder fled the property on Quarterline Road leaving behind no evidence that any of the bullets found the mark. “
More range time needed.
Well said.
I disagree. It is the very basis of our law of self defense. A jury gets to decide if you, knowing what you knew at the time, in the situation that you were in, acted reasonably in believing that you were under a serious threat.
It is not perfect, but it works pretty well most of the time.
The full statement is “I feared for my life and fired to stop the threat. That is all I will say until I have my lawyer present.”
Oh, and then be sure to say nothing else, just to make it explicit.
“Just because someone is in your house doesn’t mean you’re in jeopardy,” Cacciatore said. “The question that is key in these things is ‘what is the immediacy of the threat?’”
Texas=Castle Doctrine. Come on down!
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