I had often wonder how come it's ok for someone to break into your house, get hurt and sue.. Where is the justice in that. What about when someone breaks in without a wepon and steal's from you. The only rights you have is to call the law because if you shoot the criminal than you will be put in jail because no matter what you do to protect your family it seems the law has to side with the guilty party instead on the innocent...How many people see a problem with that.
2007-09-27 10:24:06 · 8 answers · asked by ~~Just me~~ 3 in Politics & Government ➔ Law & Ethics
That is not true. The accused and the victim have exactly the same number of rights. You seem to be confusing some actions that a person may choose to take with rights. You do not have the right to shoot some one. It may be a partial or complete defense to a charge of murder that you were acting in self defense or defense of another. But the accused must prove this defense. That is an additional burden. The state must prove beyond a reasonable doubt that the accused is guilty of the crime alleged.
The only times I am aware that a person would have a cause of action against a homeowner when the person broke in are instances where the homeowner has set traps that cause injury. In the situation you describe, the home owner would have to be in a situation where he or she could not escape and seek help in order to justify use of force.
If you disagree with the laws of your state, contact your local legislature member and ask your questions to them. Give them suggestions on changes. Point out to them how you feel about the accused having the right to sue. That is how you change things.
2007-09-27 10:33:34 · answer #1 · answered by hensleyclaw 5 · 1⤊ 0⤋
There are a lot of weird things that go on within the law. Laws are written but it is the perception of the person upholding the law that matters. Everyone interprets things differently so whomever let the man sue that broke into the house probably misinterpreted the law. However, there are two separate issues. Him breaking into the house is a criminal issue and him falling and getting hurt is civil - they don't' coincide with one another and are handled by two different branches of the law. Look at OJ Simpson - he was found not guilty in criminal court but he was found guilty in civil court and had to pay the families millions. Each branch has it's own different guidelines of their laws etc. There are laws that protect homeowners "the make my day law is one of them" If a person breaks into your home and you are in fear for your life than you have the right to shoot them. Gary Cochran was the first man i think in Indiana to win on that defense.
As the gentleman before said we all have equal rights which sounds crazy because they commit crimes but once we get into who deserves which right and who doesn't that begins to become a problem and a forum for discrimination etc. so we have to start everyone one out with the same rules and laws and go from their to determine extenuating circumstances etc.
2007-09-28 08:31:29 · answer #2 · answered by dabdiedre 1 · 0⤊ 0⤋
All of this happens because we sit by and allow this to happen. We see all the bad things going on around us and we know that they are bad and we still decide to look the other direction and walk away. We correct the problem by getting more involved in everything. Actually look into the platforms of people that we elect into any public office. Just look at this Jena 6 BS as well. Even though they are defending criminals hell at least they are speaking out.
2007-09-27 17:37:21 · answer #3 · answered by HippieKiller 1 · 1⤊ 0⤋
I think you need to read up on the State laws as in Fla if someone break in to your house or car you have the right to defend yourself and your>
2007-09-27 17:29:30 · answer #4 · answered by 45 auto 7 · 0⤊ 0⤋
well, its kinda b/c of the amendments. THE 5TH. If you kill some one and are found innocent, then someones sees a video of you committing that crime, then you can not go back 2 trial 4 that same thing~!~ SO I COMPLETLEY AGREE THE AMENMET IS SUPPOSED TO HELP OUR COUNTRY, NOT LET MUDERS OUT INTO THE WORLD!
2007-09-27 17:31:47 · answer #5 · answered by like,OMG 1 · 0⤊ 1⤋
ummm...that's not right...but still if someone broke into my house with or without weapon. I'll still shoot them first before regretting later
2007-09-27 17:56:46 · answer #6 · answered by Devil_Fish(JKD) Be like water 3 · 0⤊ 0⤋
Because Democrats say: "criminals are victims, too".
2007-09-27 17:43:42 · answer #7 · answered by wolf 6 · 0⤊ 0⤋
I totally agree with you. our justice system is not exactly the best.
2007-09-27 17:27:37 · answer #8 · answered by Anonymous · 0⤊ 1⤋