I've heard that Americans can actually kill people who unlawfully invade into their homes. They can literally get away with mudering the criminals and not go to prison. In England, if someone breaks into your house, you go to prison if you kill or even slightly injure them. Even if the person tries to rape your children and take all your valuables. There was a case where the intruder successfully sued the homeowner because he got a broken nose and got much money in damages. Does this seem like a right thing? Shouldn't the very same people that pay the taxes that support the government also be able to not live in fear of going to prison for fighting off criminals in their very own abodes?
2007-08-16 13:36:03 · 14 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Basically, it gets down to the totality of the circumstances. In Texas, it is possible to kill an intruder who is already in your house, if you can articulate a fear for your life or the lives of others. If it is nighttime, the forces of law are even more on the home-owner's side for right to self-defense and his right to prevent the consequences of theft. And if the circumstances line up in favor of the homeowner, or person who used deadly force for self-defense, or the protection of others or to prevent the consequences of theft, then there is no legal backlash against them. Isn't America great? The courts have ruled that the right of self-defense shall not be abridged and that there are acceptable, legal circumstances where deadly force is not prosecuted. This is why I have "No Trespassing" signs posted on my property in plain view and why I have a Mossberg 500 12-gauge pump shotgun within ready reach.
2007-08-16 14:01:31 · answer #1 · answered by Anonymous · 2⤊ 2⤋
That is not correct. In all 50 states, you may only use "deadly force" if you or another person's life is threatened by the burglar. "Deadly force" is defined as using such methods that could possibly kill another (knife, club, firearm, etc.). Homeowners go to prison here if they injure a burglar and the homeowner or another was not in danger. They can be charged with capital murder (which can mean the death penalty, depending upon the state) if they kill the burglar.
Many Americans believe it is O.K. to kill any intruder, but it is not a true statement of the law. However, we have far more open firearms laws than most of the world. Many of our burglars are armed and do threaten trhe homeowners.
All that being said, I can't remember the last time I hearda news report of an owner actually killing a burglar in my state. I've lived in Florida since 1979.
2007-08-16 15:33:27 · answer #2 · answered by mcmufin 6 · 0⤊ 1⤋
They can literally get away with mudering the criminals and not go to prison.
DEFENDING your property is NOT murder. We have had cases of burglars suing homeowners as well. In at least one case, the burglars fell though a skylight when no one was home and successfully sued for damages. Had I been on the jury, that case would have been resolved in a different fashion.
I would rather be judged by 12 than carried by 6. For those unfamiliar with the reference, there are 12 jurors and 6 pallbearers.
2007-08-16 14:16:07 · answer #3 · answered by STEVEN F 7 · 0⤊ 2⤋
Yes. Under the right circumstances I can kill someone that breaks into my house. Just because someone enters your home doesn't mean it is open season though. For example if someone gets drunk and walks into my house and lays down on my couch I would have a hard time justifying shooting him. However, if this guy barges into my house and tries to attack me and puts me in fear for my life then he is pretty much bought and paid for.
In the good ole USA the courts look at a man's house as his castle. The courts feel that a person in their own home is under no requirement to retreat. If the attacker in the example above attacks me (while I am off duty) on the street then the courts usually require you to try to retreat if possible before resorting to force. In your own home then you don't have to retreat even if you are able. You can stand in your living room and shoot the knife wielding intruder.
The courts also look at the level of force you used and if it was justified. Would a reasonable person in the same position do the same thing.
2007-08-16 14:21:45 · answer #4 · answered by El Scott 7 · 0⤊ 1⤋
In most US states you may use deadly force if you are under the threat of deadly force.
If someone is your house and you reasonably beleive that they are armed or will kill or seriously harm you or others you may use deadly force.
You may not use spring guns to defend an abandoned building.
You may not shoot someone stealing the car from your driveway.
If your son's friend's break into your basement to steal your beer and you know it is your son's friends and that they are not a danger to anyone and are just after the beer you can not shoot them.
You may defend yourself and others from physical harm but you may not use deadly force or force that will cause serious injury to protect property.
2007-08-16 13:47:53 · answer #5 · answered by Anonymous · 4⤊ 0⤋
Ok, well we do have the right to bear arms in America. At the same time, we can only shoot them if they are in our homes, and we can go to prison and be arrested if they are off the property though they were in our homes. Is this fair, no and I think its an injustice. If someone was trying to harm me and my family, and they had no business in my house you can bet your bottem dollar I am going to aim for them to meet their maker. If they are in my house, then they are obviously some sicko anyways.
2007-08-16 13:44:27 · answer #6 · answered by Nychole D 2 · 2⤊ 1⤋
Lol yeh the rule in America ,here,is that if you shoot a burglar,then you have to make sure you drag them back into the house ,,say ,if they go ta running start out the door .
The front yard is outta bounds so get em ' inside fast ,and then shoot em again .This is a true law and may apply different in other states .You should move here . if you get worried
2007-08-16 13:44:47 · answer #7 · answered by tree squirrel 2 · 2⤊ 2⤋
Well said, me.
And it's not "literally get away with murdering". Murder is the illegal taking of a life. Self defense is not illegal. It is a justifiable homicide.
And no one who has broken into your home should be able to sue you for any bodily harm done to him (or injuries he may sustain) as a result of his actions.
2007-08-16 14:02:55 · answer #8 · answered by pepper 7 · 2⤊ 1⤋
Heck yes! My cop friend told me once, if you shoot the guy in the back as he is going back out the window and he is not armed... pull him back inside the house, put a kitchen knife in his hand, then call the police. No problem.
2007-08-16 13:42:03 · answer #9 · answered by Anonymous · 3⤊ 1⤋
Yes! especially in TEXAS, You break in and burglarize or do a home invasion, chances are high that you will be shot dead!
2007-08-16 13:41:52 · answer #10 · answered by R.M. 61 2 · 1⤊ 1⤋