what can legally happen to you if you kill, lets say a robber with a knife or a gun? what if he's unarmed and you shoot him anyway? keep in mind, you own a gun legally for such purposes...and you call the authorities right after the ordeal...what would happen to you the shooter?
2006-08-06 14:32:39 · 10 answers · asked by Hellfire 2 in Politics & Government ➔ Law & Ethics
I really wish I had my copy of the model penal code, which is adopted by a lot of states, but all I have at this moment is my Louisiana criminal code, which follows the model penal code pretty closely. It really depends on the state you are in, but just for reference, I'll put down the relevant part of the louisiana code.
"a homicide is justifiable... when committed by a person lawfully inside a dwelling, a place of business, or a motor vehicle... against a person who is attempting to make an unlawful entry into the dwelling, place of business, or motor vehicle, or who has made an unlawful entry into the dwelling, place of business, or motor vehicle and the person committing the homicide reasonably believes that the use of deadly force is necessary to prevent the entry or to compel the intruder to leave the premises or motor vehicle."
Under this, there must the actus reus of shooting or hurting the intruder, and the mens rea of reasonably believing that the use of deadly force is necessary. As an example of the mens rea, if a person you knew broke into your house for shelter, you knew they weren't there to hurt you, you could not use deadly force on them.
You must also be inside the house at the time or know someone else is in the house. This is essentially a modification of the escape doctrine: if you can run and get help instead of shooting, you should do that, unless you are trapped or can't get away (you are pretty much always considered trapped inside your house).
The Gonday case( I believe this is a federal case) also states that the force used must be reasonable to the situation, so no flamethrower or grenades against somebody unarmed.
2006-08-06 15:46:59 · answer #1 · answered by jhessick 2 · 16⤊ 5⤋
It depends greatly on which state you live in. In Texas, you have the right to protect yourself and your property up to and including using deadly force. If the person is in your home going through your things you have the right to shoot him. Whether you could or not is a personal and moral decision. If someone was just looking in your car in your driveway, this would not apply, but the moment he puts a brick through the windshield, it would. Likewise, shooting someone in your yard and dragging his body inside wouldn't work either. Until he actually breaks in, he is classed as a prowler or suspicious person. But always call the police first if you can before resorting to taking a life. If an attacker comes after you, always shoot to kill, forget about trying to disarm him or shoot the weapon out of his hand. That only happens in movies. After the fact, you would go before a grand jury who would in all probability no-bill you meaning you would be free to go. (I personally always felt that there should be four classes of homicide: 1. Felonious, 2. Justifiable 3. Accidental and 4. Well deserved.)
2006-08-06 15:07:45 · answer #2 · answered by Anonymous · 0⤊ 0⤋
In Texas, you can shoot to kill, even if the intruder is unarmed, so long as the intruder is not on their way out the window. By the way, one of the best ways to get the cops to your house ASAP is to tell them that there's a suspicious-looking person outside, and you just grabbed you gun, and you're about to shoot the S.O.B.
2006-08-06 14:38:53 · answer #3 · answered by bluecollarguytx 2 · 1⤊ 0⤋
Ok, here's the deal... You have to make sure that they are in the house at least 1/2 way.... As long as you do that... Just make sure you kill him in the first shot... or shoot once... Because if you shoot the whole cartrige in him, it would look bad...
The general idea is that if you do it is self defence, ok... but if you unload your gun in him, and he has nothing... it kinda looks bad... even if he did break into the house...
ANd make sure it is a criminal and not a son, or wife, or something like that..
2006-08-06 14:41:30 · answer #4 · answered by Rob D 4 · 0⤊ 0⤋
if you can demonstrate fear of your life ( or your family ) , you are justified in shooting, keep in mind in the dark with your adrenaline pumping it's very diffucult to determine if the intruder is armed and what are his intentions, and it's not like he might volunteer the information anyways
however if you shoot and kill him , even if it's justifiable and there are no criminal charges pressed you still can be sued in civil court where burden of proof only means they need a majority to rule in favor of the dead guys family.
2006-08-06 17:17:43 · answer #5 · answered by Anonymous · 0⤊ 0⤋
In the state of Georgia, if it is found that the intruders purpose was to burglarize and to steal and/or assault, that is all that is necessary for a jury to find that the victim was justified in using deadly force-and thus the victim would be innocent of comimtting a crime.
2006-08-06 15:18:03 · answer #6 · answered by debi_0712 5 · 0⤊ 1⤋
Depending on state laws where you live determines your guilt or innocence. Be on the safe side and don't shoot the sum-b*tch in the back.
2006-08-06 15:06:17 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Coming in your house or car, shoot to kill
2006-08-06 14:43:05 · answer #8 · answered by Anonymous · 0⤊ 0⤋
I believe it varies from state to state.. but my understanding is that you are well within your rights to kill an intruder in your home..
2006-08-06 14:39:13 · answer #9 · answered by tcindie 4 · 0⤊ 0⤋
You would be found innocent, you were protecting yourself and your family.
2006-08-06 14:36:27 · answer #10 · answered by Carol R 7 · 1⤊ 0⤋