the person who breaks in and killing him...If there is no fight...how would authorities react??? would they investigate? would they take the house owner´s word???
what would be the normal legal procedure with someting like that????
2007-04-18 15:36:32 · 8 answers · asked by alberto k 3 in Politics & Government ➔ Law & Ethics
They would investigate indeed. The fact that there was "no fight" may not matter at all.
For the defense of self and property in which one uses deadly force that person must be in imminent fear of death or great bodily harm.
What it really boils down to is what the shooter tells the police, and if it goes to trial, whether the jury believes that the shooter truly felt that he or she was truly fearful of imminent death or great bodily harm.
2007-04-18 15:41:35 · answer #1 · answered by cyanne2ak 7 · 2⤊ 0⤋
There are at least 50 different answeres to this question! One for each state.
Some states have "manditory retreat" laws, indicating that home owners must retreat to a place of safety and contact Law Enforcement officials when a home intrusion happens, they would only be allowed to use deadly force when no retreat is possible.
Other states authorize homeowners to use deadly physical force even while the perpetrator is escaping, and the danger to the homeowner is passed.
Some states fall between these two extremes. Bottom line, there will be an investigation. The homeowner must have "his ducks in a row"!
In most cases, if the homeowner can show reasonable cause to use deadly physical force on an intruder in their home ... it's pretty much going to go in favor of the homeowner!
Whenever possible, the shooting should take place inside of the home. The homeowner should include "suspicious movements by the "perp" in his statement ("he was running at me down the hall, and I saw him reach behind his back [or under his shirt/coat], I thought he was going for a weapon").
Unless the perp was definitly not a threat (child under 9 years old, etc), the cops will generally believe the homeowner!
This DOES NOT constitute permission to "take out" Jehovahs Witnesses, Mormons, or door to door salesmen! It does mean you are pretty safe "busting a cap" on the fool going through your bedroom, if you catch him!
2007-04-19 01:43:23 · answer #2 · answered by ornery and mean 7 · 0⤊ 0⤋
The answer to your question lies within the state statutes of the state where the incident takes place. In some states, guilt or innocence of the shooter would rest upon whether or not he or she felt that bodily harm was imminent. In some states, the criminal wouldn't even have to enter the house, just step foot on the property, and in others, then must have at least stepped inside of the doorway. There are states where you must prove that the criminal had started behaving in a threatening manner.
In any situation, the police are always required to investigate the case until they make a determination one way or another, simply because a death occured.
2007-04-18 22:48:24 · answer #3 · answered by Madre 5 · 0⤊ 0⤋
You have the right to defend yourself if you feel an imminent threat to your life (the person has a gun, knife, threatened you with harm, or was coming at you in a threatening way). You as the home owner CALL A LAWYER asap. The police may charge you with manslaughter or murder even if you were the "victim" and didnt want to kill the burglar. No one is ever in the clear from being charged with a crime when they kill someone, no matter the circumstances. So always call a lawyer, the police arent your friends when a crime has been committed.
2007-04-18 22:45:08 · answer #4 · answered by Educated 7 · 0⤊ 0⤋
They would investigate. It would depend on what the evidence shows whether or not the believe the owner. I don't know what the legal procedure would be, but there is a grey area on what can be called self defense. Multiple gunshot wounds is overkill, 1-2 shots probably would be considered self defense.
2007-04-18 22:48:48 · answer #5 · answered by nursegrl 5 · 0⤊ 0⤋
There will definately be an investigation. Assuming the homeowner had no prior criminal record, had his gun registered, etc.... It is really self defense. It would help the case if the dead guy had a prior criminal record.
Since you are likely to be the only witness, its pretty much your word agasint nothing as to what happened.
2007-04-18 22:46:39 · answer #6 · answered by cognitively_dislocated 5 · 0⤊ 0⤋
In Alabama they just changed the law if anybody comes into
your House you use to have to try and get away , now you
can shoot to kill, it cuts down on home invasions.
2007-04-18 23:03:00 · answer #7 · answered by Benchwarmer 3 · 0⤊ 0⤋
a sherriff told my dad this one time. "make sure he falls dead inside your house." i guess that way it is self defense. if he fell outside then that would be manslaughter. now i understand that that laws are different in different states so that may not be the case for you.
2007-04-18 22:54:34 · answer #8 · answered by Jason F 2 · 1⤊ 0⤋