Suppose a man breaks into my house, he steps on an electrified cable, and dies. Would that make me a criminal? And what if I had intentionally left the cable there, so any burglars stepped on it, and died, and I wasn't robbed?
In that case, I'd have committed a crime, and not in self-defense, but my victim would have been a criminal himself, and nothing would have happened to him, if he hadn't broken into my house in the first place. Would I have to go to jail for that?
2006-06-13 09:40:28 · 20 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Just in case: I am NOT thinking of doing this, okay? It's purely hypothetical.
2006-06-13 09:41:12 · update #1
The concept here is simple - you can not use deadly force to protect your property. You may, in some instances which may vary across the 50 states, use deadly force to protect your person or others who are in grave danger of serious bodily harm or death.
But this is not legal advice - just my own opinion.
2006-06-13 09:47:00 · answer #1 · answered by Pirate 2 · 0⤊ 0⤋
Yes, that would be criminal. To leave a death trap for any potential intruder, even when you are not there and your life is not threatened, would be a crime. Think about the possibility of a man driving hise wife or child to the emergency room, has car trouble on the way and breaks down outside your house. He has no cell phone, or he forgot it, he needs an Ambulance. Your house is there, but you are not. He needs to use your phone, breaks in, and is killed by your trap. BTW, his wife or kid also dies because they don't get to the hospital. That is just the Oops senario. You cannot use lethal force to defend anything other than your life or the life of a loved one. If the prosecution were able, and willing to prove that you set a death trap, expecting to kill an intruder they could certainly prosecute and jail you for at least 2nd degree murder.
2006-06-13 09:48:52 · answer #2 · answered by SteveA8 6 · 0⤊ 0⤋
Criminality is in the intent. If you are remodeling your house and there is an exposed wire a robber steps on then no, it is just an accident. If you on the other hand "booby trap" your house you have created an intent to harm or kill without a threat to yourself.
Self defense is just that - defending one's on self or life against an eminent danger. The "booby trap" is illegal in that anyone could stumble into it without the intent of committing any crime or doing you any harm. Ex: A police officer sees your door open slightly and comes inside to investigate and is killed. You've not committed capital murder. Most if not all states have laws to that effect.
As much as we would all like to do something like you pose, the possibility of an innocent party being killed is what makes it illegal.
2006-06-13 09:51:03 · answer #3 · answered by Thrasher 5 · 0⤊ 0⤋
I would say that if the burglar stepped on the electrical cord and you didn't put it there intentionally then you couldn't have commited a crime since he did step on it and he did come into your house. If you put the cord down yourself to try to kill him then yes that would might be a crime. And for your last question I would say that you dont have to go to jail because he brought it on to himself.
But don't take my advice I'm not a lawyer.
2006-06-13 09:46:00 · answer #4 · answered by ISTHIS REALLYMYNAME?NO 2 · 0⤊ 0⤋
yes you would get charged with a crime. Because you knew that your life or the life of another was NOT in emminent danger at the time you rigged the trap, you would not be able to claim self defense, or defense on behalf of another person.
For example. let's say you live in an apartment, and the unit next to yours catches fire in the middle of the night. A fire fighter breaks in to save your life and dies because of the trap.
The same can take place with ordinary citizens. If your life is in danger your neighbor is permitted to attempt your rescue.
In most states an electric fence is requied to be easily identified.
2006-06-13 09:51:33 · answer #5 · answered by ? 2 · 0⤊ 0⤋
The criminal would have to prove you left it there as a booby trap in the first instance, however people have things on their walls like broken glass which is worse.
Legally you'd be fine.
Remember Tony Martin a Norfolk farmer who blasted a gypsy in the back, he got sent down but only just and public went berserk about it.
2006-06-13 09:45:15 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Probably. There are specific laws about laying booby-traps. And let me ask you a question...suppose it wasn't a burglar that came through your door. Suppose it was a loved one or a child? Its more likely that an unintended person will be the victim. Not a bad guy.
2006-06-13 09:49:27 · answer #7 · answered by Trinity 1 · 0⤊ 0⤋
I'm not well versed in law. I believe that if the criminal lives, the criminal would be charged for breaking in. He can then sue you for the cable. Theoretically, you should have the best outcome. I'm not sure what happens if he dies.
2006-06-13 09:45:52 · answer #8 · answered by FY 4 · 0⤊ 0⤋
The saddest part is that you would be in the wrong according to law. Since he did not hurt you and he died before he could take something you are off to Jail. The sadder part is if he lived he could sue you for hurting him.
2006-06-13 10:00:03 · answer #9 · answered by jesss8097 1 · 0⤊ 0⤋
I don't think you should be charged. What if someone in your house trips and falls down your stairs and dies of a broken neck? That's not your fault. But then again if you had malicious intentions then who knows.
2006-06-13 09:45:43 · answer #10 · answered by Annie 2 · 0⤊ 0⤋