...tie him up or whatever. Can you torture (exact the same amount of inflict bodily harm) towards that criminal that he used on you and your family? Once you have an offender under control, can you by law still kill that person and still call it self defense? Or are there laws that prevent you from doing this... like a small scale version of the Geneva Convention?
2007-06-14 17:59:12 · 15 answers · asked by cpc26ca 1 in Politics & Government ➔ Law Enforcement & Police
Self defense or defense of others only works in the immediate time. You have to prove to a jury that at the time you were or felt threatened. You will not convince a jury of that if he is tied up or subdued.
It is best to understand that.... Dead men do NOT sue. Live ones do. and they do not call it Criminal Jusitce for nothing.
2007-06-14 18:06:20 · answer #1 · answered by Texas Tiger 5 · 2⤊ 0⤋
Uh. If you subdue an invader, and he's tied up. Then you have to keep him safe till the cops show up.
On the other hand, if he breaks in, and you don;t have a duty to retreat in your state or jurisdiction, then just kill the scumbag. Dead men tell no tales. Why torture a nutball like that? You know it'll only result in YOU going to jail and the scumbag going free.
Besides, once he's subdued, using any additional force could be considered criminal battery since he's no longer a threat to you.
2007-06-14 18:12:53 · answer #2 · answered by krollohare2 7 · 0⤊ 0⤋
What would you do, if you were that someone who broke into that house? Would you agree that they torture you? Inflicting the same or more amount of bodily harm, is acting like that criminal. So where would be the difference between you and him? Now what? Think again!
2007-06-14 18:07:15 · answer #3 · answered by Anonymous · 0⤊ 0⤋
thats a very good question you asked but unfortunately were not above the law!...the main answer to that is self control..make sure you've subdued him well...make sure your family are ok and yourself too...& no u can not kill him either, no matter if you know him or not & sometimes the law bites you back if u did kill him & called it self defense...just remain calm & controlled, call the police once everyone is safe & away from harm including yourself...hope this helped U
2007-06-14 18:07:00 · answer #4 · answered by icy k 1 · 0⤊ 0⤋
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.)
2016-05-20 23:56:51 · answer #5 · answered by chi 3 · 0⤊ 0⤋
In general, once someone is subdued, you can't touch him. I don't think anywhere in the U.S. where it is legal to harm anybody that is in some form of 'custody' or is incapacitated due to an initial act of self defense. You would have to prove that it was necessary to protect life or virtue of yourself or a member of your family (in some states you can add property to that).
I'm not a lawyer, so someone will have a better answer than above...
2007-06-14 18:27:39 · answer #6 · answered by rael ramone 4 · 0⤊ 0⤋
The obvious answer is no. Are serious about this question? The reason why I ask is that anyone would agree that they would want to do those things to the supposed intruder but it is still against the law.
2007-06-14 18:02:47 · answer #7 · answered by Anonymous · 0⤊ 0⤋
you know that answer, but it's a bunch of crap and we all know that. Good job Richard, (if thats true), but it's definately what I'd do. You know what I think the law should be, is that every free American should by law have to have at least one gun in their house!!! Ibet all criminals would think twice then.
2007-06-14 18:06:22 · answer #8 · answered by Girly Q 4 · 0⤊ 0⤋
i don't know really as here in Florida you have the right to shoot and kill so would keep firing till I got there...........
whilst I would love to do the whole torture thing as I am 5'2" and about 120 lbs dripping wet chances of me being able to do it would be remote hence why I can shoot REALLY well both stationary OR moving targets.
2007-06-14 18:19:58 · answer #9 · answered by candy g 7 · 0⤊ 0⤋
Chances are pretty good that he will kill you before you are able to subdue him, so you better just run away if a drunken bum does show up.
2007-06-14 18:11:52 · answer #10 · answered by Anonymous · 0⤊ 0⤋