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 doesnt mean youre 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.
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?
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.
Just because someone is in your house doesnt mean youre 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!
Not many break in’s into occupied homes have happy endings for all concerned. Better to make sure it is a happy ending for society with one less piece of human detritus floating about.
The burgler broke into the BEDROOM window. Not the living room or kitchen window, the BEDROOM window.
That should be enough right there.
Yes, it does.
Anyone who forces their way into a house or is attempting to do so should be thought of as a clear and present threat. This includes any dwelling such as a trailer, tent, tar-paper shack or anywhere people live.
Which is why Texas just updated our Castle Law.
You can use deadly force just to defend your property.
Texas Castle Doctrine
According to the Castle Doctrine or Defense of Habitation Law of Texas, a person can reasonable protect him or herself against another persons use or attempted use of unlawful force. The person acting must also not have provoked the other person.
A degree of reasonable protection includes counteracting a person who:
unlawfully or forcefully enters or attempts to enter the victims place of residence, vehicle, or place of employment.
forcefully removes the victim from his or her place of residence, vehicle, or place of employment.
commissions or attempts to commission a kidnapping, homicide, rape, aggravated rape, robbery, or aggravated robbery.
In Texas, a person can justifiably and potentially use deadly force against another individual if: he or she believes deadly force was necessary at the moment, believes he protected him or herself against attempted deadly force, prevented an act of kidnapping, homicide, rape, aggravated rape, robbery, or aggravated robbery.
In addition, the occupants of the habitat must be in the habitat legally. If the occupants are considered to be fugitives or are using the Doctrine to provide assistance to fugitives, any of their actions are not justified by Texas law.
Texas law is known by many to be one of the toughest in the land. Texas is hard on criminals, but also adamant about allowing owners to retain their properties.
What planet did this freaking idiot come from? He should be deported to California where he'd be right at home.
Massad Ayoob ~ “In the Gravest Extreme”
This is outrageous! I can’t even put it into words.
Just because someone is in your house doesnt mean youre in jeopardy, Cacciatore said.
What? this guy is nuts!
Get yourself to a LFI course. The info is amazing. Search YouTube for Mas' vids. Well worth the effort.