You've been drinking for the most part of the evening and now under the influence. At 2:00am you hear glass breaking outside your door only to find someone burglerizing your car in your driveway. You instinctively turn behind you to your table and grab your handgun. You yell at the burgler to stop what he's doing. He immediately exits the car with "something" in his hand that resembles a handgun Feeling on edge, you take him! The burglar was some teenager stealing the BB gun that belonged to your son which he left in the locked glove compartment.
2007-10-28 14:21:21 · 15 answers · asked by orchard_littlejoe 2 in Politics & Government ➔ Law & Ethics
I think people are missing the most critical part of the equation. You are intoxicated, therefore not able to make a rational decision with a gun. In society we can not have drunk people carrying guns, its against the law. Had he been sober maybe he would have realized it was a BB gun. Carrying a gun while drunk is illegal.
The defense of property only works if it what a "rational" person would do. Rational people do not believe that you can make a life or death decision while intoxicated. If this is a real case, that person is either in prison or is on their way.
2007-10-28 16:27:29 · answer #1 · answered by shadiest71 2 · 0⤊ 1⤋
No the man shouldn't go to prison at all. He was acting in the right when he shot the kid. This is just like if a kid were to disobey a police officer and grab for something that appeared to be a gun, you are doing what you need to do to protect your well being. Any judge that convicts this guy is a dumbass and should learn about the law better.
2007-10-28 14:25:38 · answer #2 · answered by Smoky 1 · 0⤊ 1⤋
Defense of property is proper when a suspect was perceived to have a gun and had no intention of surrendering. The owner of the car can be relieved of any criminal offense.
2007-10-28 14:25:46 · answer #3 · answered by FRAGINAL, JTM 7 · 0⤊ 0⤋
Yes. Car burglars should go to jail.
2007-10-28 14:24:04 · answer #4 · answered by Sordenhiemer 7 · 0⤊ 0⤋
Who should go to jail? The shooter should NOT go to jail, its self defense, but the Car burglar should DEFINETELY go to jail! He robbed a car, and an object of someone.
2007-10-28 14:31:12 · answer #5 · answered by nyartist8395 1 · 0⤊ 0⤋
No he should not go to jail because it was self defense. He warned the burglar in advance.
2007-10-28 16:20:29 · answer #6 · answered by sdkidduran 4 · 0⤊ 1⤋
Both are guilty of separate offenses.
You for excessive force and failure to maintain a weapon securely and who knows what else, probably negligence and homicide of some sort at the very least.
2007-10-28 14:28:52 · answer #7 · answered by Barry C 7 · 2⤊ 1⤋
this depends.......you can not use deadly force to protect property.....unless it is your home. now w/ the bb gun........if the home owner can prove that he was in fear for his life......after all bbguns look real...especially at night......then you have self defense if some one points a gun at me their getting popped..........i prolly woulda done the same.....IF he pointed the gun at me
2007-10-28 14:32:52 · answer #8 · answered by Anonymous · 0⤊ 0⤋
i wouldn't send to jail-but i not a judge-and i still read the constitution-and bill of rights
2007-10-28 14:37:35 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Yes, because you could have been too intoxicated to know better.
2007-10-28 14:25:41 · answer #10 · answered by Doug M 2 · 2⤊ 1⤋