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re: Father and son arrested after killing catalytic converter thief
Posted on 6/1/22 at 6:25 am to GeauxxxTigers23
Posted on 6/1/22 at 6:25 am to GeauxxxTigers23
quote:
I probably wouldn’t shoot a thief over a catalytic converters for my own moral reasons
Me either, but a beating of a lifetime isn’t off the table.
Posted on 6/1/22 at 6:33 am to DamnGood86
What you're describing makes you a decent, contributing member of society, yes. But the law says otherwise. Things are replaceable, lives are not.
Quoting from Katko v Briney:
"The law has always placed a higher value upon human safety than upon mere rights in property, it is the accepted rule that there is no privilege to use any force calculated to cause death or serious bodily injury to repel the threat to land or chattels, unless there is also such a threat to the defendant's personal safety as to justify a self-defense"
You don't have to like it or agree but it is what it is.
Quoting from Katko v Briney:
"The law has always placed a higher value upon human safety than upon mere rights in property, it is the accepted rule that there is no privilege to use any force calculated to cause death or serious bodily injury to repel the threat to land or chattels, unless there is also such a threat to the defendant's personal safety as to justify a self-defense"
You don't have to like it or agree but it is what it is.
Posted on 6/1/22 at 6:34 am to yaboidarrell
Think I would have shot his tires before I shot him.
Posted on 6/1/22 at 6:36 am to KnB Purple
quote:
Except you can't take someone's life defending your personal property
Except yes. You could, comrade.
quote:
§20. Justifiable homicide
A. A homicide is justifiable:
...
(3) When committed against a person whom one reasonably believes to be likely to use any unlawful force against a person present in a dwelling or a place of business, or when committed against a person whom one reasonably believes is attempting to use any unlawful force against a person present in a motor vehicle as defined in R.S. 32:1(40), while committing or attempting to commit a burglary or robbery of such dwelling, business, or motor vehicle.
(4)(a) When committed by a person lawfully inside a dwelling, a place of business, or a motor vehicle as defined in R.S. 32:1(40) when the conflict began, against a person who is attempting to make an unlawful entry into the dwelling, place of business, or motor vehicle, or who has made an unlawful entry into the dwelling, place of business, or motor vehicle, and the person committing the homicide reasonably believes that the use of deadly force is necessary to prevent the entry or to compel the intruder to leave the dwelling, place of business, or motor vehicle.
Posted on 6/1/22 at 6:36 am to Jcorye1
quote:Just like when you shoot someone in the head and chest, you're always taking a chance that it won't be considered justified.
when you go around people's houses or property and commit crimes you're always taking a chance
Posted on 6/1/22 at 6:37 am to KnB Purple
quote:
If you think material possessions are more important than a human life I don't know what to tell you.
If you think people don't have the right to defend their property against people who don't value their own life as much as depriving people of their livelihood, then I don't know what to tell you.
Posted on 6/1/22 at 6:38 am to Barbellthor
What you cited is the defense of self/others law, not defense of personal property. Either you or someone you are protecting has to be in the vehicle for that statute to apply.
This post was edited on 6/1/22 at 6:42 am
Posted on 6/1/22 at 6:43 am to Gravitiger
quote:
What you cited is the defense of self/others law
I'm quite aware. Also:
quote:
while committing or attempting to commit a burglary or robbery of such dwelling, business, or motor vehicle.
Posted on 6/1/22 at 6:44 am to Barbellthor
Right. But again, you or someone else you are defending has to be in the vehicle for that to apply.
Posted on 6/1/22 at 6:45 am to Barbellthor
quote:By law, you typically don't have that right with respect to personal property. You can argue that you should, but that is a different question.
If you think people don't have the right to defend their property against people who don't value their own life as much as depriving people of their livelihood, then I don't know what to tell you.
Posted on 6/1/22 at 6:46 am to Gravitiger
Horse thieves, when caught, were shot or hanged, or by some means, made an example of.
Back then, they had it right!
Back then, they had it right!
Posted on 6/1/22 at 6:47 am to KnB Purple
quote:
If you think material possessions are more important than a human life I don't know what to tell you.
Catalytic converter thieves aren’t human though.
Posted on 6/1/22 at 6:48 am to Gravitiger
If you hop on the internet to defend the “rights” of thieves you’re just as big a POS as they are
Posted on 6/1/22 at 6:48 am to dolamite
quote:Yeah, to hell with that pesky 5th Amendment.
Horse thieves, when caught, were shot or hanged, or by some means, made an example of.
Back then, they had it right!
Posted on 6/1/22 at 6:48 am to J Murdah
quote:
When you decide to be a thief you accept the risk of being caught and the consequences.
Exactly. A rational outcome of breaking into someone’s home or property has to be possibly losing your life. We all know that these frickers aren’t going to jail for it which is why they continue to do it.
Posted on 6/1/22 at 6:49 am to dstarsntigers
quote:Just saying what the law is. You don't forfeit all your rights when you commit a crime.
If you hop on the internet to defend the “rights” of thieves you’re just as big a POS as they are
Posted on 6/1/22 at 6:51 am to Aubie Spr96
quote:I don't think anyone is arguing otherwise. But it doesn't necessarily follow that the loss of that life is automatically justified.
A rational outcome of breaking into someone’s home or property has to be possibly losing your life.
Posted on 6/1/22 at 6:56 am to Gravitiger
What if they stood in front of his car and he started driving towards them?
Posted on 6/1/22 at 6:59 am to KnB Purple
I was speaking philosophically. I do not know Katko v. Briney and presumably, neither does the State of Texas.
Texas Penal Code, Chapter 9, Subchapter D (Castle Doctrine)
discusses the use of deadly force for the protection of property.
You do not have to like it, but it is what it is.
Texas Penal Code, Chapter 9, Subchapter D (Castle Doctrine)
discusses the use of deadly force for the protection of property.
You do not have to like it, but it is what it is.
Posted on 6/1/22 at 6:59 am to Barbellthor
Barbell, you are not reading the law correctly.
There is a concurrance of actus reus & mens rea. Act & intent. And an element of reasonable fear of death or great bodily harm.
Your case will be presented to a jury using the reasonable man test and the totality of circumstances.
There is a concurrance of actus reus & mens rea. Act & intent. And an element of reasonable fear of death or great bodily harm.
Your case will be presented to a jury using the reasonable man test and the totality of circumstances.
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