Homeowner kills burgler, gets jail time (part 2)

[Mickey1992]

http://uk.news.yahoo.com/021017/140/dbza7.html

I don't know what an English homeowner is supposed to do, let the burgler attack him?  What if the homeowner only stabbed him once but still killed him, would he still get jail time?

[Sandman]

Break into a house in California... your life is forfeit.

[Ripsnort]

I don't understand what you mean Sandman, Kieren.

[H. Godwineson]

Yep, the British are definitely setting some trends that we need to follow.  Yessiree!  No wonder violent crime is on the upswing over there.

Shuckins

[Nashwan]

I don't know what an English homeowner is supposed to do, let the burgler attack him? What if the homeowner only stabbed him once but still killed him, would he still get jail time?

No, you can defend yourself if attacked, with any appropriate level of force. That includes killing your attacker.

I think it was the fact the man in this case chased the burgular in to the street, and stabbed him 12 times in the back, that caused the jury to convict him of manslaughter.

[mason22]

Originally posted by Nashwan
I think it was the fact the man in this case chased the burgular in to the street, and stabbed him 12 times in the back, that caused the jury to convict him of manslaughter.

heh, it's the details that count.

[GtoRA2]

You can only use deadly force to protect yourself or others. Not property.

[Sandman]

Originally posted by Ripsnort
I don't understand what you mean Sandman, Kieren.

It means that I do not have to prove that my family are in danger. It doesn't matter whether an intruder is armed or not. Simply being there is sufficient threat and I am free to use lethal force to remove the perceived threat.

[Ripsnort]

Rgr.  The "Door step" is what I was taught.  "Make sure the intruder is within the house if you have to use force".

[Modas]

same 'ol toejam.  Criminals rights are more important than the victims.  


Somebody break's into my house, I GD guarentee they won't be making out alive.

[Airhead]

Sandman, you are incorrect. GTO is right- There has to be a REAL threat to your well being and safety to you and/your family to use deadly force. If an intruder is running for the front door and you shoot him in the back in your living room that's manslaughter. Likewise if an intruder is a 3 foot tall 12 year old armed with a wooden spoon and he advances on you and you shoot him 9 times in the chest that also is manslaughter due to the lack of legitimacy of a 12 year old's threat.

Basically the Courts have to decide when that self defense turns into aggression, and in this case they decided it was somewhere between the third and fourth thrust in the perp's back with a butcher knife on the front lawn.

I'm amazed none of you have stated the obvious here- Britian needs to ban knives and crowbars and this violence will stop. After all, Britain has no need for knives cause they don't eat beef anymore due to Mad Cow disease.

[capt. apathy]

depends on the state,  in Oregon you have to prove you where in 'real and imediate danger' and even then you're suposed to warn them you have a gun and give them the chance to leave.

it goes completely against everything I was taught as a kid.  my dad always told my guns where for shooting not for pointing.  nobody should even know you have one until they wonder where that loud bang came from.

[Sandman]

Well... if it's dark and you shoot 'em in the chest, you'll probably be okay.

p.s. Be sure to unload that weapon into 'em. No one in fear for their life shoots just one round... not unless they've been highly trained.

[Cherlie]

12 times?????????

I think that is why he got in jail. 1 stab, 2 stab 3 stab 4 stab 5 stab.  the man went pyscho!

and why would you want to kill the man?  I would rather him go   to jail and deal with BUBBHA wanting to play mommies and daddies than him dying.

Call me sadistic but I am in for a good torture now amd then *sighs* we need to bring back the whips!

and no I am not into that sexual bondage crap either!

CB

[AKDejaVu]

Its not always cut and dry.. even in Oregon.  Warning someone that you have a gun is not necessary Cpt. Apathy....

Two scenarios (both real):

Someone hears someone close to their house and suspects that someone is breaking into his car.  He grabs his shotgun and heads outside.  The burglar sees him and tries to run around to the back of the house, but there's a dog there.  He then runs back to the front of the house where the man is standing with the shotgun.  He was killed.  The grand jury dismissed the case because the burglar was running at the homeowner at the time.  Warnings and such were not an issue.

The very next month a man grabbed his 30/30 when he heard someone breaking into his garage.  The suspect fled away from him and was shot in the back and killed.  That home owner went to jail.

Both actually occured outside.

AKDejaVu