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Old 12-13-2004, 05:50 AM   #72 (permalink)
Lasereth
Knight of the Old Republic
 
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Location: Winston-Salem, NC
Quote:
Originally Posted by rat
For those of you who don't know, home defense does not equate to self-defense. The tenets for self-defense in the United States are such that someone has used and/or attempted the use of lethal force, and you have no ability to flee. Shooting a burglar is aggravated assault, attempted murder or murder unless the burglar has produced a firearm and pointed/discharged it at you, or has wielded a knife within roughly 12 feet of you and you had no ability to evade or flee. Those are the stuatory strictures on self-defense put down by the courts and legislators.

Therefore, if a burglar enters your home, steals something, and you offer the use of force outside of reasonably restraining him, especially with the use of a weapon, you should and probably will be convicted of assault, aggravated assault, or murder. Until he's convicted of the crime, his rights are the same as yours under the eyes of the law.
I recently learned this in LAW class a couple of months ago and was disturbed by it. I understand that our law system wouldn't work if people could mortally wound others for breaking and entering, but damn, if someone is breaking into another's house then they're simply asking for it.

I think that a citizen stupid enough to break into another person's home is asking to be force-fed a lead sandwich with extra mayo. Same thing with robbing in towns or mugging. When I get outta college I'm getting my concealed permit ASAP. If I ever see someone attempting to rob me or hurt my family, they're simply gonna get hurt. If they have a gun, then we're going down cowboy style. If they have a knife...cowboy style in the leg. If they're unarmed, I'm becoming the next .500 Babe Ruth with a baseball bat.

I personally believe that once you break into someone's house with the intent on stealing, trashing, or hurting the people inside, you've given up your right as a citizen or even a human. You've become a thief, someone who deserves the ass kicking you're going to receive or the inevitable jail-time if you're caught.

-Lasereth
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