If you wake up in the middle of the night and there is an intruder in your house, should the law allow you to.

Question

.............kill them?

Answer 1

Some states do allow that, mostly southern and western.
If the person tries to harm you.

Most states are more like Pfo's description.

Answer 2

In some states and counties, the law does allow you to use deadly force on an intruder. In most states, you need to prove that there was reasonable cause to suspect that your life was in danger. Although the intruder has broken into or invaded your private space, they are not necessarily there to do physical harm to you. In such a case killing them is a bit extreme, but could be judged justifiable. If the intruder attacks you physically, violence is justified. If you are considering some sort of home defense, you need to be very clear with yourself that you are willing and able to use whatever weapon you are considering.

Answer 3

You can only use reasonable force for self defence. The law does not allow you to kill someone ,unless you HAVE A VERY GOOD REASON TO BACK IT UP( Such as the intruder was tring to kill you or one of your family members or you had reasonable suspicion that he is about to do so. Remember, you should be able to justify the reasonableness of what you did and what the court would do is check whethera reasonable man in your situation would act in a similar manner)I dont think the law will look at you in a very favourable way if you had shot him point blank on the head as soon as he entered or when you dont have any idea what he is going to do. You can beat him up or tie him up to the extent of incapacitating him, but if you have beaten him up black and blue the court might wander whether you have exceeded your private defence. Of course if you kill him by accident you might not be liable for murder but culpable homicide. If you can prove self defence, thats a complete defence and you go home free.

Answer 4

I think you are trying to work out what Mr Brown (Prime Minister) said at the Party Conference and what he meant.

Use of reasonable force is allowed and would be acceptable in Court.

Does Mr Brown now propose to allow the defender of his property to use what is thought to be reasonable force is the question? After all, in the middle of the night, do you expect the intruder to be carrying a gun, a knife or any other weapon? If so, fine. You know, or do you?
Then the question to Mr Brown is, 'Define the grounds that any householder can use, not knowing what the intruder has in the furtherance of the offence of burglary',

Answer 5

You are allowed to defend yourself. Common Law act and Section 3 Criminal Law act allows you to defend youself, others, property and prevention of crime. In Sec. 3 CLA, it states that Force can be used when it is:

Reasonable in the circumstances
An absolute necessity
Minimal amount necessary
Proportionate to the seriousness of the case

So if the person is holding 2 guns and has a knife in his or her pocket, and threatens you with them, then if you killed them in defence, you should be OK, although still get a good laywer!

Answer 6

In the UK, you have the right to self-defence, using reasonable force in all the circumstances. Self defence includes defending yourself, your property, and other people and their property as well.

So, in the situation you describe, the force would have to be reasonable in the circumstances of someone just woken up, in the dark, in their own home, possibly with children / other vulnerbale people in the house, not knowing whether the person was armed, and being frightened.

Quite a lot of force would therefore probably be reasonable, but you can't go and shoot them in the back while they run away, for example. That would not be reasonable to defend yourself and your property.

To give another example, if someone spits at you, it is not reasonable force in self-defence to beat them to a pulp, or kill them.

Answer 7

I'm tiny and semi disabled. Taking care not to hurt an intruder too badly is a luxury only big strong people have. I need to make sure that whoever it is goes down in one go.

But, if they are running away and no longer a threat, chasing them down to kill them is going a bit too far.

Answer 8

If the intruder is in your house, the law allows you to defend yourself or others against that intruder.

Answer 9

I have kids. If an intruder came into my house I wouldn't be worrying about what the law said, I'd just be defending the kids. Whatever that takes.

Answer 10

In Texas the law says if you tell them to get out and they do not get out them you are defending your self. As long as you feel that your life is being threatened you can pull the trigger. But be sure to shoot them in the chest and not the back. Shotting them in the chest is self defense. Shooting them in the back is manslaughter. Back implies they were attempting to leave i guess.

In college at Texas Tech where i went a guy walked into some guys house wasted. the guy told him to get out. he didnt. So he shot him and that was that. I think thats messed up. if you cant get a drunk out of your house with out shooting them then you didnt try.

Answer 11

According to Question Time last night, the law allows you to use 'reasonable force'.