Is it fair that if you protect your property from intruders, you could be the one to end up in prison ?

Question

Interested in your views

By intruders i mean someone on your property with an aim of harming or vandalising or stealing.

Answer 1

This whole subject is a case of giving the public something to worry about. It is perfectly OK to use self defence. The cases that have hit the headlines have been excessive or unreasonable force, like the farmer who shot an intruder in the back as he was running away.

The officer who told someone above that an ashtray is not an offensive weapon is not correct. It becomes an offensive weapon as soon as it is used, but if the force is reasonable, there is no problem.

Answer 2

we should establish first two things.
what and how do you act in order to protect your property
and that the legal system (from police till the judge) is not perfect.

due the reasons above is not possible to have a law enableing you using any necesary force, because anyone could use this to start killing other people.

let's do an exercise: imagine for a moment that you can kill any person whithin your property that you considered an intruder. now imagine that your son whilst going to schooll fall in the garden of "subject B", whom is not pleased with the "intruder" damaging his garden, so he takes an AK-47 and shoot 20 times to your son killing him. what would you argue?

That your son was not an intruder? yes he is (was)
That your son was a good boy? so what the law is the law!

if this is the case then...would you support the law that let an stupid man to kill your son?

hence, even with a system that works fine it would be really dangerous having a law like that, futhermore when the legal system is far from perfect. where approving a law like this would let people kill other people then drag them to their property and claim that there were intruders.

Answer 3

Of course it isn't fair. I believe its your right but the government thinks otherwise. This is because the government now owns your property you just don't know it. The way I know this is because any time they want to take it from you they can. Then they give it to some one they believe will pay more taxes on it. They use the laws of eminent domain to do it. They've construed the law to mean that higher tax revenue is in the public interest. There fore they can take and use your property for that purpose. I also know its true in my state because they can (and do) ban or restrict certain legal activity on private property such as smoking. They do it now on private property used for public activity such as bars and restaurants but they are now working on condo's and private homes where some stinking liberal might smell the smoke. So technically I would say the you are an intruder on their property and they understandably don't want to be shot by some body trying to defend it.

Answer 4

This is a bit of a question on what is reasonable force. judging from your question I would say that you belong to the all possible force brigade, which I am not completely out of sympathy with. i think that you may be able to claim self defence until you get him off your property ( I presume this means your house ) but if you decide to give him a good hiding by trapping him on your property you are in for some questions. The rule is reasonable force taking into account the evidence. I do not know precisely what that means because the wording is of necessity imprecise

Answer 5

Yes it is fair.

You may legally protect yourself, family and property from an intruder so long as the force you use is reasonable. If there is any question about how reasonable the force you applied then you will be judged by your peers, others who own homes and property and have families that they would defend using any force necessary.

The idea that you cannot defend yourself, others or property is a myth propagated by those who want you to be fearful in order to win your votes.

Answer 6

Of course not. I would have no problem removing someone from my property who should not be there. The law is an *** in this regard. New Labour with its PC human rights laws are responsible for the up turn in all crimes. Not only cant you touch them but your right you may be arrested. So make sure you deal with the intruder before the police arrive and I am a pacifist.

Answer 7

No it isn't, but the law is there to prevent people from inviting people into their property, killing them and passing them off as intruders.

That's why you are allowed to use "reasonable force" and not an AK-47 - at least not in the UK.

A policeman once told me that the best thing to do is buy a heavy glass ashtray and keep it in the bedroom. You can wallop an intruder with this and not be charged as it is not classed as an offensive weapon. If you use a baseball bat, for instance, a court would view this as premeditated on your part.

The upshot is that if you hit an intruder with a household object you will most likely get away with it as long as you don't beat them to a pulp.

Answer 8

no i dont think its very fair that you cant protect your property and family from intruders, however i wouldnt go so far as to say that you have the right to kill them, because nobody has the right to take a persons life.

Answer 9

It is in case history that you can use more than reasonable force on private property.
Go to your local library and look in the law book Archbald and all will be revealed.
Our wonderful leaders will not reveal this to the public as it would deprive the legal beavers of MONEY.

Answer 10

No of course it is neither fair or right, anyone who enters property for nefarious purposes should not be protected by the law that they are prepared to break without a second thought.