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Old 03-07-2008, 04:46 PM   #21
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when i first moved to the states i couldnt believe it when someone told me that if a thief breaks into my house and gets hurt they can sue me, hell, i still cant believe it...

so if i use force to hold the intruder down until the cops show up and hurt him in the process of restraining him, should you not be able to justify that in any court?

if so then should you not be able to justify shooting and killing the offender arguing the fact that you felt threatend when he/she failed to cooperate and sit still and got violent and put up a fight? I ******* hate some of the laws...
we need someone like Zoro, to break the law because he is upkeeping peace and harmony for the citizens, just go from town to town killing gang members, rapists, child molestors, lawyers 9just kidding) etc.

If i remember correctly, you are only allowed to use equal force. for instance, if they have a gun to you but have yet to fire and you kill them first, youre the one thats going to jail.

retarded, and i never understood that. although i havent brushed up on criminal justice in a while so i may be speaking out my ***
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Old 03-07-2008, 08:37 PM   #22
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thats stupid, made to protect the criminal or what? i wonder what lawyer had this great idea, im sure a dead/wounded criminal didnt come up with this...any insight of when it became illegal to protect your property? someone saw they could make money off this and sued a good ole homeowner when shooting some grimey ************ who was trying to rob him in his own house, this **** gets my blood boiling...
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Old 03-07-2008, 08:56 PM   #23
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Here in Maryland, you are allowed to shoot when someone is "invading" your home...but it requires they be inside the house and not just on the property.
After you have retreated to the furthest extent possible. It's called the "reasonable duty to retreat". The bill that would have enacted the castle doctrine was voted down, unfortunately.

The NRA released a study showing every shot fired in self defense costs an average of $50,000.


Kind of scary to think I could rack up a $1.5m legal bill before reloading. The stash next to the bed would cost a cool $9m.
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Old 03-08-2008, 12:06 AM   #24
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In VT the "dooryard" can be considered part of your house, last time I just dragged the perp inside to make sure it was legal.
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Old 03-08-2008, 12:16 AM   #25
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hmmm sometimes im glad to live in california, and at times i wish i was in texas...


drag person inside property limits, unload, call 911, go have coffee and ice cream with the kids...
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Old 03-08-2008, 09:40 AM   #26
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Originally Posted by whaaamx5 View Post
when i first moved to the states i couldnt believe it when someone told me that if a thief breaks into my house and gets hurt they can sue me, hell, i still cant believe it...
See I think i need some court cases to show mt that this has actually happened.

There was a case about 10 years ago; a bar owner was sick of people breaking in and electrified a window that they were always breaking into. (about 10 feet off the ground for the sake of conversation). Well some dumbfuck tried to rob the place jumped up and got killed by the electrical gate. I know he was sued.

But i have never heard of someone getting injured from breaking into someones house and sueing.
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Old 03-08-2008, 02:01 PM   #27
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In VT the "dooryard" can be considered part of your house, last time I just dragged the perp inside to make sure it was legal.


And your Signature is "Thanks."
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Old 03-09-2008, 03:01 AM   #28
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Interesting Read for everyone, it summarizes the various laws and legal aspects of "Castle Laws":

http://en.wikipedia.org/wiki/Castle_law

To sum it up for the click lazy:
"A Castle Doctrine (also known as a Castle Law or a Defense of Habitation Law) is an American legal concept derived from English Common Law, which designates one's place of residence (or, in some states, any place legally occupied, such as one's car or place of work) as a place in which one enjoys protection from illegal trespassing and violent attack. It then goes on to give a person the legal right to use deadly force to defend that place (his/her "castle"), and/or any other innocent persons legally inside it, from violent attack or an intrusion which may lead to violent attack. In a legal context, therefore, use of deadly force which actually results in death may be defended as justifiable homicide under the Castle Doctrine.

Castle Doctrines are legislated by state, and not all states in the US have a Castle Doctrine"

The best thing the Castle Law did for TX is to limit civil liability:
"In addition to providing a valid defense in criminal law, many versions of the Castle Doctrine, particularly those with a "Stand-Your-Ground clause", also have a clause which provides immunity from any lawsuit filed on behalf of the assailant for damages/injury resulting from the shootings. Without this clause, it is possible for an assailant to sue for medical bills, disability, and pain and suffering as a result of the injuries inflicted by the shooter, or for their next-of-kin to sue for wrongful death in the case of a shooting fatality. Even if successfully refuted, the defendant (the homeowner/shooter) must often pay thousands of dollars in legal costs as a result of such lawsuits, and thus without immunity, such civil action could be used for revenge against a shooter acting lawfully.

The only exceptions to this civil immunity are generally situations of excessive force, where the shooter fired on a subdued, cooperative or disabled assailant. A situation meeting this exception generally invalidates the criminal "castle defense" as well."

And apparently the Castle Law has been working for Florida Citizens (tourist are more frequently targeted now; gurantee of no gun):
"In 2005, there were 762,859 violent crimes compared to 638,256 estimated for 2007 as reported in the Florida Department of Law Enforcement Uniform Crime Reports. This decrease is in spite of an increase in the population."

TX also made it easier to protect yourself while traveling/in your car:
"Texas also signed HB1815 a new bill that allows any Texas resident to carry a concealed handgun without a permit in the resident's car. Now, it simply isnít an offense to carry a gun in a vehicle, but with these three critical qualifiers: (1) the gun must be concealed; (2) the carrier cannot be involved in criminal activities; (3) the carrier cannot be a member of a criminal gang. The fourth rule isnít mentioned in the bill, but stands from laws on the books for a long time, and that is that no felon can carry or even be around a gun."

But no state in the Union can touch Vermont on gun freedom, they have no state gun laws.

This obviously wouldn't apply for theft of your vehicle in your driveway, but if they broke in the garage that might be considered Burglary and constitute standing your ground.

Either way glad to hear they caught the thief.

Chris
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Old 03-09-2008, 03:07 AM   #29
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Originally Posted by Loki047 View Post
See I think i need some court cases to show mt that this has actually happened.

There was a case about 10 years ago; a bar owner was sick of people breaking in and electrified a window that they were always breaking into. (about 10 feet off the ground for the sake of conversation). Well some dumbfuck tried to rob the place jumped up and got killed by the electrical gate. I know he was sued.

But i have never heard of someone getting injured from breaking into someones house and sueing.
In Mexico and other countries they put broken glass in the concrete on top of walls, it showed it on the last Borne movie too.

We can't do that hear b/c the criminal would get hurt.

Chris
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