[ale] Woof

[Greg]

If he was afraid for his life, then courts have generally seen this as an
example of #1.  The law generally is if the other person is armed (or if you
are convinced they are armed) or they are threatening (think like a 300 lb.
pissed off biker dude and a 120 small fellow) then you may use deadly force.
The idea of "a reasonable man" comes into play here.

A case in LA (Louisiana) many years ago that involved a man killing a
Japanese exchange student who was playing "buttermilk" or some such prank
was not prosecuted since the man "was afraid for his life" due to threats
that he had received prior.  Of course, the law varies from place to place.

One of the cases that taught the principles of deadly force in my law class
was a man protecting his shed by fixing a 12 gauge shotgun so that whoever
opened the door would be shot.  A sign to this effect was prominently
displayed.  A burglar who opened the door was shot and subsequently sued the
owner of the shed.  The courts ruled that the owner was in no mortal danger
and hence had no reason to use deadly force. The burglar won the suit.

Greg

> -----Original Message-----
> From: ale-bounces at ale.org [mailto:ale-bounces at ale.org]On Behalf Of Greg
> Freemyer
> Sent: Friday, April 16, 2004 4:34 PM
> To: Atlanta Linux Enthusiasts
> Subject: RE: [ale] Woof
>
>
> On Fri, 2004-04-16 at 15:49, Greg wrote:
> > Actually, no, that isn't your right.  You can only use deadly force in a
> > limited number of situations. One is when you are threatened by same.
> > Another is when you believe your life is in danger.  Another is
> when you are
> > an agent of the government (military and law enforcement).
> >
> > The decision on when you are in danger is one a court gets to
> decide.  The
> > courts have decided over and over that killing/injuring someone
> when only
> > loss of property is involved is illegal.  Live has higher value
> and is not
> > to be taken lightly - so killing or injuring someone involved
> in the process
> > of trespass or breaking/entering is illegal.  Even putting up
> signs to that
> > effect is inconsequential.
> >
> > Greg
> >
> Not in Texas!!
>
> I was there several years ago when the local paper had a story like
> this:
>
> A home owner shot and killed a burglar / trespasser.  The home owner got
> scared and dumped the body in some local woods.  The body was found
> yesterday.
>
> The home owner has been identified and charged with littering.
>
> :)
>
>
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