I have heard that many in the legal world feel that under a true test the self defence/excessive force law for home invasion would fall.
There have been too many horror stories and the level of total violence one could expect by someone inside your home is far greater then it was in like 1950. So the community standard in what would be accepted to protect your family is basically unlimited force until you have established what the invader intends and what weapons they have.
So if you didn't know what he had or what his intent was but you felt it was generally 'bad intent' you could kill him. If you KNEW he was merely lost(?) and had no weapon and STILL killed him then you have crossed the line.
Now if you walked out and shot someone in the back of their head who was robbing your truck you would (rightfully) go to jail.
I think the courts are a lot more reasonable then some are giving them credit for.
Claeren.
Last edited by Claeren; 02-06-2008 at 11:05 AM.
|