Every day sees 1 or more burglaries in your neighborhood. Your own home has been burgled and/or trashed five times in last 15 years. You are a single homeowner, often away at work.
You set a trap guaranteed to cause serious, painful injury to burglar. Entirely on your own property, No Trespassing Signs posted. Trap is not monitored, does not work off electric power, entirely passive, requires break-in/burglar. Will definitely injure, perhaps seriously, could cause death.
Reasoning: You cannot take any more, State doing nothing.
A. Is this a crime?
B. If burglar succumbs to trap, are you liable in any way?
2007-01-27 06:59:08 · 9 answers · asked by Ursus Particularies 7 in Politics & Government ➔ Law & Ethics
Just setting a trap is not a crime, but nailing anybody with it is. The reasoning is that you cannot do by remote what you cannot (legally) do in person. And you cannot use deadly force to prevent a larceny. For example, if you see someone outside stealing your hubcaps, you cannot lean out your window and blow him away. If you are in danger yourself, or if someone enters your home while you are present, you can use deadly force. Your scenario has you not present, thus not in danger, and the only crime that could be committed is larceny. Therefore, no deadly force can be employed. Another thought why this is not a good idea even if it were legal: Suppose a friend needed to get into your home to use your phone for some emergency? Or suppose you forgot you had set the trap when you got home from work? WOW!! Better you should install an intrusion alarm. There are many good ones on the market that are not very expensive. Although they are not monitored, the ear-piercing siren will usually get rid of your intruder. Besides, he won't know that it's not monitored. Hope this helps.
2007-01-27 07:54:33 · answer #1 · answered by Pete 4 · 1⤊ 0⤋
A & B: Probably.
MI is one of the states that won't let you shoot someone inside your home if you can 'safely retreat.'
Even in those places where you can take action up to and including using a weapon on them, we find this:
From London:
HOUSEHOLDERS can kill intruders in self-defence and are allowed to strike first, police and prosecutors say today.
Anyone confronted by a burglar in their home is entitled to seize a weapon.
They will escape criminal charges as long as they act "honestly and instinctively" in the heat of the moment.
Even fleeing intruders can be brought down with a rugby tackle or stopped with a single blow in order to recover property.
But householders who set traps or continue an attack after an intruder has been knocked unconscious will feel the full force of the law.
2007-01-27 07:13:10 · answer #2 · answered by oklatom 7 · 0⤊ 0⤋
Sadly, a victim of such a trap could press a lawsuit against you. Perhaps on the grounds of willful endangerment, or other charges that I am not a legal expert to suggest.
2007-01-27 07:02:38 · answer #3 · answered by Unforgiven Shadow 4 · 0⤊ 0⤋
You signs are a good faith effort but probably will still get sued for something happening on your property. Contact a lawyer and see if there is some way to dissolve liablitiy for someone entering your property, possible more signs in really little writing.
2007-01-27 07:09:49 · answer #4 · answered by Hawkeye77 2 · 0⤊ 0⤋
Yes and yes, and in fact it may be murder not just manslaughter. Sorry, but that is the law. On the other hand if you are home, and in a state that allows it you can shoot him dead in his tracks, just make sure his body falls inside the house. Not sure of Michigan law on that one. Sounds like you need to set up a neighborhood watch.
-Dio
2007-01-27 07:06:41 · answer #5 · answered by diogenese19348 6 · 1⤊ 0⤋
Unfortunately, there would be a liability on the homeowner. It sucks, but thanks to trial lawyers lobby and jerks like the ACLU thats how it is.
A better solution is to have your firearm ready and greet the burglar. Make sure to double tap the chest and head. Don't want any survivors suing you.
2007-01-27 07:02:31 · answer #6 · answered by Anonymous · 1⤊ 0⤋
ya i think it might be bad say like your kid keeps walking thru my yard which is a crime and i put a claymore there and went to florida instead of a trap do something to create jobs in michigan or i might break in your house to (just kidding had to jab at another mi person)
2007-01-27 07:05:33 · answer #7 · answered by fukawthoridy 2 · 0⤊ 0⤋
As a minimum, you would need to be more explicit than just "No Trespassing."
i agree this is attorney territory
2007-01-27 07:14:04 · answer #8 · answered by skip 6 · 0⤊ 0⤋
Bad idea, very bad idea. I see both criminal and civil liability in your future if you do this.
2007-01-27 07:10:17 · answer #9 · answered by Yak Rider 7 · 0⤊ 0⤋