§ 2305. Justifiable homicide
If a person kills or wounds another under any of the circumstances enumerated below, he or she shall be guiltless:
(1) In the just and necessary defense of his or her own life or the life of his or her husband, wife, parent, child, brother, sister, master, mistress, servant, guardian or ward; or
(2) In the suppression of a person attempting to commit murder, sexual assault, aggravated sexual assault, burglary or robbery, with force or violence; or
(3) In the case of a civil officer; or a military officer or private soldier when lawfully called out to suppress riot or rebellion, or to prevent or suppress invasion, or to assist in serving legal process, in suppressing opposition against him or her in the just and necessary discharge of his or her duty. (Amended 1983, No. 23, § 2.)
Interesting read gents.
As a Canadian, I wish the great white north had some of the "castle" laws which our southern brethren do. I agree that I should have the right to protect myself and property, what scares me is the american litigation system.
I've heard stories of a burglar falling through someone's skylight onto a kitchen knife who then proceeds to sue the homeowner and wins!? It's unfortunate that there is lawyers writing the law, lawyers interpreting law, and lawyers(judges) enacting the law. I also love how the language of the law is SOOO wide open for manipulation/interpretation.
Example - The Justifiable Homicide - In the wording posted earlier, it would appear that to satisfy the "requirements" of justifiable homicide, one needs to prove un-measurable metrics.
How does one define a feeling of imminent death, or that the act of JH would definitively prevent the suspect's "attempt to commit". Each of these rules are subject to an event which does not occur. The only clear case is if the criteria has already been met, ie assault has taken place, person murdered. All other scenarios can be argued, what if?... Mr. KB, are you certain that had you not killed Mr. Doe, he would in fact have committed that rape?..... Well, he had is pants down and she was passed out, but I guess he could have been tucking in his shirt..... WELLLLLL Mr. KB, it appears that you DON'T know Mr. Doe was attempting to commit rape DO YOU!?.... Well I suppose it's possible.... I rest my case Murderer, errr Mr. KB......
-My Two Cents -
