Do you have the right to shoot them? Didn't they set the value of their life at the value of your tv or whatever else they were looking to steal, or do you just run out and hide and call the police?
2007-11-27 04:58:13 · 24 answers · asked by Alter E 3 in Politics & Government ➔ Law & Ethics
And I live in Missouri
2007-11-27 05:06:13 · update #1
Depends on jurisdiction. States like mine (Maryland) and Virginia have extremely specific and very strict laws for "victims". (IE. You, if your house were to be broken into.) Virginia to my knowledge is probably the most strict and if you live there I'd recommend not shooting unless your life is in eminent danger because you'll probably be the one reaping the repercussions. I'd recommend that anywhere, really.
If you say what state you're in, it might be a little easier to clarify laws.
ETA: Most states do have "Duty to retreat" laws/clauses, i'm a little fuzzy on the details but if your first action is to shoot/injure the "attacker", you'll have trouble. If you've tried to retreat or remove yourself from the situation without success then using the minimal amount of force necessary is "okay".
Please note, I'm not a law professional, I'm not sure of the exact law in VA, but I do know that it is very tough.
ETA: I think it's probably more important to know the details on "shoot-to-kill" versus injury type laws...
ETA3: Since you live in Missouri, you have what is called a "Castle law" with a "stand your ground" clause of sorts.
If you feel your possessions, family or yourself are in danger, you have the right to defend yourself. (But i'd recommend not doing it with an unregistered gun. ;) )
http://www.gov.mo.gov/press/DefendLegislation070307.htm
2007-11-27 05:03:24 · answer #1 · answered by razzlephrat 2 · 2⤊ 0⤋
It depends on the Castle Doctrine in your state. And although state laws differ, the basic standard of law is this: You may legally use deadly force only when there is an immediate and otherwise unavoidable danger of death or grave bodily harm to the innocent.
Castle Doctrine laws may allow a homeowner to assume that one of the three necessary elements of Ability, Opportunity, and Jeopardy were present (see citation below for definition of these), but in most cases, the shooter will still need to show the presence of the other two elements. The shooter must still be able to articulate how exactly how her life was in danger at the moment she pulled the trigger.
2007-11-27 13:10:01 · answer #2 · answered by Anonymous · 0⤊ 1⤋
I am told that if they have turned to leave and run out then you may be in trouble. However, you cannot be exactly sure and therefore if you feel that your life is in eminent danger then I suppose most laws will support you. That does not mean you cannot be tried or sued by the family of the assailant. Crazy world we live in when victims have less rights than perpatradors
2007-11-27 13:09:07 · answer #3 · answered by Googler 4 · 0⤊ 0⤋
Depends on where you live! In Texas if someone breaks in and you are in your home you can normally get away with using deadly force to protect yourself. If they run out of the house you cannot pursue them. So if you shoot them outside, drag their disgusting bodies back inside.
2007-11-27 13:06:51 · answer #4 · answered by Lyn B 6 · 2⤊ 0⤋
The sympathizers of the devil would agree that you shouldn't shoot them unless they have a gun.
I'd say imobalize them with a tranquiler or stun gun,.. then tie them up. But if I can't see if they have a gun, I'd shoot them. Don't you know those meth heads in S Dacota went into a bank and shoot everyone so no one could tell on them?
2007-11-27 13:03:25 · answer #5 · answered by itofine 2 · 0⤊ 0⤋
Depends on the state but even then it's up in the air as they have to show a certain level of hostility or aggression toward you.
And as learned on the Simpsons, they can't be there at your invitation. If you have a Flanders, don't do it. LOL
2007-11-27 13:06:41 · answer #6 · answered by Lex 7 · 1⤊ 0⤋
Yes, it's governed by where you live. In Canada we're required to open the door for them when they leave with our stuff (just kidding!).
Also governed would be things like fair warning, expectations of danger to self or others, alternate means available at the time etc.
Check with your local legal aid society, or government website regarding these laws.
2007-11-27 13:03:54 · answer #7 · answered by lorus_900 3 · 2⤊ 0⤋
It depends on the state. In California we have the 'make my day' law that presumes that you are in fear for your life if somebody breaks into your home. If you shoot the SOB then they cannot prosecute unless they can _prove_ that you were not afraid.
2007-11-27 13:18:18 · answer #8 · answered by MikeGolf 7 · 0⤊ 0⤋
You really need to ask your local law enforcement.
Now days, who knows for sure and why take the chance.
It's a shame that we even have to ask whether we can protect what is ours without having to worry about the criminals rights first.
2007-11-27 13:05:15 · answer #9 · answered by Sandie B 5 · 0⤊ 0⤋
What I would do is run and hide and call the police. I have an Uncle who was robbed. He brought out his gun, but what they did was they told him to drop it or they'll shoot his daughter. So him being concerned about his daughter he droped it, one he drop it they shot im in the stomach, and shot his 7 month old baby in the head. they both died. The best thing is to hide yourself and your family and call the cops.
2007-11-27 13:04:22 · answer #10 · answered by fifi 1 · 0⤊ 2⤋