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re: Homeowner for the win
Posted on 3/13/16 at 11:14 pm to TigernMS12
Posted on 3/13/16 at 11:14 pm to TigernMS12
Your Google broke or something? You mention Castle Doctrine but apparently don't understand how it works or the case histories which are very important in understanding how the law itself is applied. That varies by state by the way so your blanket statement means nothing in states like Texas, Louisiana, and Florida (context clue right there). Texas mentions burglary in statute which makes it very robust as a defense, other states have broadly defined "residence" and "dwelling" to apply to the property as a whole and not strictly under the roof as you seem to think. Then there is the fact that Florida is one state among many with no "duty to retreat" which in effect extends Castle Doctrine to any place a person has the legal right to be. Now put all this together with the fact that Trevon confronted the person he was burglarizing on their own property and maybe you can start to see where it isn't as cut and dried as you believe.
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Posted on 3/13/16 at 11:14 pm to Clames
quote:
No you cannot. Castle doctrine only applies when the person claiming it is physically inside the dwelling when the illegal entry occurs.
You and the Vol fan know far less than you should on this topic.
It's amazing how dumb you are on this subject.
Hypothetical question for you: if you have a summer cabin that is being broken into during the winter, is it ok for you to plant a landmine to protect your property when you aren't there?
Posted on 3/13/16 at 11:15 pm to RogerTheShrubber
so if im out to eat, and i pull up in my driveway, and i see some guy running out my front door with my new tv in his arms, people in this thread are saying i cant cap this dude? am i taking crazy pills?
Posted on 3/13/16 at 11:16 pm to RogerTheShrubber
quote:
You claimed you cannot defend property with deadly force. You're wrong. There are varying circumstances from place to place but yes, you can defend property with deadly force. I'm not sure this case was one of those times.
The only time you can defend property with deadly force is if you are invoking the castle doctrine, which is not applicable here, so I didn't not consider that in your response. Yes, that is a small exception to general rule. The prosecutor doesn't have to prosecute any case, but he could in this case if he wanted to based upon manslaughter. This is based on the report of course. Whatever happened in that "confrontation" could have changed it to a self-defense situation.
Posted on 3/13/16 at 11:18 pm to Hook Em Horns
quote:
so if im out to eat, and i pull up in my driveway, and i see some guy running out my front door with my new tv in his arms, people in this thread are saying i cant cap this dude? am i taking crazy pills?
You should only use deadly force to defend human life. Simple as that.
Posted on 3/13/16 at 11:20 pm to TigernMS12
quote:
This is only available if you are physically in the dwelling, vehicle, or place of employment that the crime is being committed upon. There is a big difference in that, and driving up to your house getting out of your car and shooting the burglar.
No it isn't, Mississippi's means precisely dick in Florida where this occured just as it would mean dick in Louisiana. You fail to underdtand the SYG part of this too which is funny considering another Treyvon kinda made that newsworthy for about a year not that long ago.
Posted on 3/13/16 at 11:21 pm to Hook Em Horns
quote:
so if im out to eat, and i pull up in my driveway, and i see some guy running out my front door with my new tv in his arms, people in this thread are saying i cant cap this dude? am i taking crazy pills?
No, you can't. You can run him down and use non-deadly force to reclaim your property or even threaten to shoot, but you cannot actually shoot a guy in this situation unless the burglar does something which would justify self-defense.
Posted on 3/13/16 at 11:22 pm to BamaFan70
I wander if her surveillance caught the shooting.. They use the word confrontation so what seems most likely is she came home.. Saw him coming out the window...went over there and he tried to rush her in an attempt to either overtake her or more likely, to get away.. Either way, if she shot him in the front, I can't see how it wasn't legal.
Posted on 3/13/16 at 11:24 pm to Clames
Does no body remember the Houston (I think) guy that killed the burglars in his next door neighbors house? He got off, as he should have. Some of you people are fricking stupid.
Posted on 3/13/16 at 11:25 pm to Clames
Treyvon was a self-defense situation, not a defense of property. The defendant's case was based upon the stand your ground laws, which MS has as well. You have the right to stand your ground, but you cannot use more force than necessary to defend YOURSELF. Again, I do not know what the "confrontation" was. She had the right to stand her ground and confront the guy that burglarizing her house. She does not, however, have the right to use deadly force to stop him from fleeing or to defend her property.
Posted on 3/13/16 at 11:26 pm to VOLhalla
quote:
It's amazing how dumb you are on this subject.
Hypothetical question for you: if you have a summer cabin that is being broken into during the winter, is it ok for you to plant a landmine to protect your property when you aren't there?
Mental midgets like you are why I hate having to drive through Nashville when I have to. Your hypothetical is bullshite, once for having a landmine and second for leaving a boobytrap like that is illegal and covered in other case law (McComb v. Connaghan would be a good one to look up).
Posted on 3/13/16 at 11:26 pm to TROLA
quote:
Saw him coming out the window...went over there and he tried to rush her in an attempt to either overtake her
This would most likely make it a legal shooting, as she would be defending herself.
Posted on 3/13/16 at 11:30 pm to TigernMS12
quote:
Treyvon was a self-defense situation, not a defense of property.
Do you not comprehend the word "confrontation" in the linked story? If he attacked her as she was trying to stop his criminal act on her property then SYG may come into play pretty easily. Your entire argument is moot because you fail to grasp that very important detail.
Posted on 3/13/16 at 11:31 pm to Hook Em Horns
quote:
so if im out to eat, and i pull up in my driveway, and i see some guy running out my front door with my new tv in his arms, people in this thread are saying i cant cap this dude? am i taking crazy pills?
And that's how dumb people end up with life sentences.
Posted on 3/13/16 at 11:32 pm to TigernMS12
quote:
defend her property.
Under Florida's law she does in fact have that right. Just like she would in Texas and other states. Your ignorance on various state laws doesn't mean shite to her situation...
Posted on 3/13/16 at 11:34 pm to Hook Em Horns
quote:
so if im out to eat, and i pull up in my driveway, and i see some guy running out my front door with my new tv in his arms, people in this thread are saying i cant cap this dude? am i taking crazy pills?
You can do whatever you want.
But if the burglar doesn't present a threat to your life (real or perceived) you're going to be put in cuffs and end up in jail. Now, will a jury convict you? Hard to say. Could you lose a civil case from the family? Possibly.
Outside the home the threat to one's life (again, real or perceived) is the component that makes the lethal force justified.
Should you ever end up in this situation, the phrase "I feared for my life and defended myself" should be the only statement you give before speaking to an attorney.
This is not legal advice.
This post was edited on 3/13/16 at 11:39 pm
Posted on 3/13/16 at 11:36 pm to Clames
quote:
Do you not comprehend the word "confrontation" in the linked story? If he attacked her as she was trying to stop his criminal act on her property then SYG may come into play pretty easily. Your entire argument is moot because you fail to grasp that very important detail.
My argument was always that she simply couldn't say she was defending her property in response to a previous post. If you read my posts, you will see that I conceded a long time ago that I did not the extent of the "confrontation" and that it would change the scenario if it turned into a self-defense situation.
Posted on 3/13/16 at 11:39 pm to Clames
quote:
Under Florida's law she does in fact have that right.
quote:
A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to prevent or terminate the other's trespass on, or other tortious or criminal interference with, either real property other than a dwelling or personal property, lawfully in his or her possession or in the possession of another who is a member of his or her immediate family or household or of a person whose property he or she has a legal duty to protect. A person who uses or threatens to use force in accordance with this subsection does not have a duty to retreat before using or threatening to use such force.
Fla. Stat. Ann. § 776.031 (West)
Posted on 3/13/16 at 11:44 pm to AndyCBR
quote:
so if im out to eat, and i pull up in my driveway, and i see some guy running out my front door with my new tv in his arms, people in this thread are saying i cant cap this dude? am i taking crazy pills?
My opinion? I threaten to shoot to stop him. Whether he advances in me, retreats, or just stops is up to him, and determines my next course of action.
quote:
But if the burglar doesn't present a threat to your life (real or perceived) you're going to be put in cuffs and end up in jail.
If he's shot in the front, I'm not concerned. I've never seen a dead man testify.
Posted on 3/13/16 at 11:45 pm to VOLhalla
quote:
You seem angry and dumb. A bad combination.
No one ever said you can't defend yourself from a burglar. Only that you can't shoot a burglar when that burglar poses no threat to you or anyone else. If you came home from work one day and found someone who just robbed you dangling from a window you can't chuckle to yourself and then shoot them to death. If you do expect some criminal charges.
I was gonna stay out of it but you are back pedalling. You made claims that no one could ever be shot breaking into a home. Those claims are totally ignorant and very wrong. It's true you can not shoot someone crawling out of your window or leaving your property. But coming in they are fair game. This fricking thief got everything he deserved, besides, who to say he didn't threaten her or try to attack her when she arrived. There was only 2 people there and one ain't no longer speaking.
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