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3
Posted on 4/29/14 at 8:05 pm to Scoop
quote:
A hear someone break into my house in the middle of the night and I shoot them. In my state of adrenaline overdose, I say something smart arse to them and deliver a kill shot.
Well this is why they have a jury. It seems to be more of the combination of all of his actions that helped find him guilty. Would you move the bodies into another room and wait until the next day to call the cops?
Posted on 4/29/14 at 8:06 pm to Scoop
quote:
A hear someone break into my house in the middle of the night and I shoot them. In my state of adrenaline overdose, I say something smart arse to them and deliver a kill shot.
Is ADT or something similar listening in on you?
Posted on 4/29/14 at 8:07 pm to HeavyCore
At first I wasnt sure, but you're definitely just trolling now.
Posted on 4/29/14 at 8:07 pm to Scoop
quote:
Did I commit 1st degree murder in this hypothetical?
In Louisiana that would be second degree murder, not first. And yes, if you incapacitated someone and walked up to them and shot them point blank to finish them off, you'd be a murderer.
Posted on 4/29/14 at 8:07 pm to HeavyCore
Not negative hostility, your methods just seem unrealistic to me
Posted on 4/29/14 at 8:07 pm to HeavyCore
quote:
HeavyCore
Criminals sometimes pick houses at random. So if a few men entered your home in the middle of the night you don't think the taking of their life is fair? Remember the home invasion downtown where the mom was killed and 9yo severely wounded? Killing such an animal during the commission of the crime is wrong in your opinion? What other option is available?
What happens if you are the victim of a home invasion and your wife ends up being raped by mulitiple men? If you make it out alive I'm pretty sure you will have second thoughts about deadly force.
Posted on 4/29/14 at 8:08 pm to Scoop
quote:
A hear someone break into my house in the middle of the night and I shoot them. In my state of adrenaline overdose, I say something smart arse to them and deliver a kill shot. Did I commit 1st degree murder in this hypothetical?
That is a great question. I say no. But, if you wait a day and then make smartass, smug, responses you'll have to hire an attorney.
I don't think the tape did him in. I think he felt untouchable because they were in his house. As if he could billy badass up and pay no consequences. That, in my opinion is what put him in front of the jury.
Posted on 4/29/14 at 8:08 pm to Emiliooo
quote:
I'm not sure if you're serious here? You can't just booby trap your house. That's definitely illegal.
A booby trap and lawfully shooting two home invaders, despite how cute they were, are not congruent.
I'm not defending the guys behavior, I'm just looking at his actions from a legal standpoint.
I posted the state law earlier in the thread. It states that INTENTIONALLY killing someone in your home that is in the act of committing a felony is a legal act.
Posted on 4/29/14 at 8:09 pm to Emiliooo
quote:
I can't remember the case, but I read it in BLAW. It's when this guy booby trapped his barn door with a loaded shotgun. When the intruder opened the barn door, the shotgun went off. The court ruled this illegal.
I read the same case in BLAW. The difference between the case in BLAW and what this guy is probably talking about is that the trap in the barn was a potentially lethal or seriously maiming contraption designed with the express purpose of defending property. In most states you can't use possibly deadly force like that just to protect property. You have to be defending yourself or someone else from grave bodily harm or death.
What I assume heavycore is talking about would be some kind of non lethal and relatively harmless trap. This would be an entirely different animal. I don't think that traps are inherently illegal. You just have to take into account the type of damage that they might do to a person and to what end they are being used.
Disclaimer: I'm not a lawyer.
Posted on 4/29/14 at 8:09 pm to HeavyCore
I'll stick with my 357 and 12 gauge. Think I have a better chance. Posted on 4/29/14 at 8:10 pm to phil good
quote:
phil good
I tap out, you can take my stance and keep arguing with Bruce Wayne
Posted on 4/29/14 at 8:10 pm to brass2mouth
Posted on 4/29/14 at 8:11 pm to phil good
quote:
Criminals sometimes pick houses at random. So if a few men entered your home in the middle of the night you don't think the taking of their life is fair? Remember the home invasion downtown where the mom was killed and 9yo severely wounded? Killing such an animal during the commission of the crime is wrong in your opinion? What other option is available?
What happens if you are the victim of a home invasion and your wife ends up being raped by mulitiple men? If you make it out alive I'm pretty sure you will have second thoughts about deadly force.
This situation is completely different from a typical home invasion.
Like I said earlier, I'm all for self-defense in your own home. But this wasn't self-defense, this was cold-blooded murder.
And also like I said earlier, I'm not giving the victims here a pass, they broke into the house, so they should've known the potential risk involved. It's just sad to see young kids get killed for something so stupid as breaking into this psychos house.
Posted on 4/29/14 at 8:12 pm to REG861
quote:
great legal defense. You should quit your day job and become a defense attorney. Or a comedian.
Not a defense. I just lack any and all empathy for anyone breaking into someone's home, and it's not my job to figure out their intentions. I don't really give a frick and I'm not going to try and figure it out first before I unload.
I've actually been awakened to a break in, and I did exactly what I thought I would do. There's no time to deliberate and formulate a battle plan when you are awakened from a deep sleep. There's also no time to run and look for your phone or even think about where you laid it. That time I had time to react and persuade him that it was in his best interests to leave, which he did, but had he made it through that window and into my house and I woke up, bang bang.. Without pause.
Posted on 4/29/14 at 8:14 pm to HeavyCore
quote:
Why does a peaceful alternative require such negative hostility?
You're not even prepared. It's not an alternative. Its a dream at this point.
Posted on 4/29/14 at 8:14 pm to Scoop
quote:
I read the same case in BLAW. The difference between the case in BLAW and what this guy is probably talking about is that the trap in the barn was a potentially lethal or seriously maiming contraption designed with the express purpose of defending property. In most states you can't use possibly deadly force like that just to protect property. You have to be defending yourself or someone else from grave bodily harm or death.
What I assume heavycore is talking about would be some kind of non lethal and relatively harmless trap. This would be an entirely different animal. I don't think that traps are inherently illegal. You just have to take into account the type of damage that they might do to a person and to what end they are being used.
Disclaimer: I'm not a lawyer.
Yeah, that's kinda what I thought, but wasn't entirely sure.
quote:
A booby trap and lawfully shooting two home invaders, despite how cute they were, are not congruent.
I'm not defending the guys behavior, I'm just looking at his actions from a legal standpoint.
I posted the state law earlier in the thread. It states that INTENTIONALLY killing someone in your home that is in the act of committing a felony is a legal act.
I agree to an extent, this guy wasn't defending himself at all, he purposefully set these kids up to be murdered for breaking into his home.
If you can't tell the difference between this case and a legitimate self-defense case, then I have no more words for you.
Posted on 4/29/14 at 8:15 pm to Mike da Tigah
quote:
I've actually been awakened to a break in, and I did exactly what I thought I would do. There's no time to deliberate and formulate a battle plan when you are awakened from a deep sleep. There's also no time to run and look for your phone or even think about where you laid it
I understand your personal experience is coloring your perception here (and perhaps fairly so), but the fact given in your experience are not congruent with what happened in this story.
Posted on 4/29/14 at 8:15 pm to Mike da Tigah
To do what he did, this guy had problems and it may be better he isn't allowed near a firearm any more.
Waiting like he did with planning and hope of being able to kill someone is not self defense.
Waiting like he did with planning and hope of being able to kill someone is not self defense.
Posted on 4/29/14 at 8:17 pm to Dizz
quote:
Waiting like he did with planning and hope of being able to kill someone is not self defense.
I don't understand how so many people in this thread don't get this concept.
And for him to drag their dead bodies onto a tarp afterwards and leave them there... come on. If someone broke into your home, and you shot and killed them, you would call the police right afterwards.
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