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Reply #2: Your right to kill an intruder is a common law doctrine. [View All]

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No Elephants Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-24-12 03:25 AM
Response to Original message
2. Your right to kill an intruder is a common law doctrine.
Edited on Sat Mar-24-12 03:53 AM by No Elephants
"Your home is your castle" is a common law doctrine.

I do not know if there is a statute in that state that codifies the common law or that goes beyond the common law.

I do know that the highest court in Massachusetts reversed centuries of common law when it held that you are not entitled to kill a human being if you have a safe means of escape, even if that human being has invaded your home.

Finding someone hiding on your property whose intentions are unknown to you is a very long way from the Martin Zimmerman situation and I hope no one conflates the two.

ETA: The right to kill an intruder mentioned in the post title is restricted to your home and if other people are present.

A famous case involved a spring loaded weapon in some unoccupied summer cabin (or something like that) that was aimed at the door, so that anyone who opened the door for any reason got shot. I don't know what a 14th century British judge might have decided in that case, but the intruder who's leg was shot off sued the owner for damages and won.

Another edit: I am definitely not implying this young man--or any human-- should have been shot. I am merely stating some facts about the law and saying this case is very different from Martin Zimmerman.
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  -Slinger homeowner won't be charged in fatal shooting of unarmed young man ellisonz  Mar-24-12 03:13 AM   #0 
  - "I don't think that man should have shot my son like that." - Murray Morrison, father.  ellisonz   Mar-24-12 03:15 AM   #1 
  - Your right to kill an intruder is a common law doctrine.  No Elephants   Mar-24-12 03:25 AM   #2 
  - There is great variation among various states...  ellisonz   Mar-24-12 04:25 AM   #3 
  - Statutes can vary the common law. So can the highest court in the state overruling the common law,  No Elephants   Mar-24-12 05:29 AM   #4 
  - Like I said...  ellisonz   Mar-24-12 11:04 AM   #5 
     - It shouldn't just be about Race or Color of Skin..although that's where the worst of it is...  KoKo   Mar-24-12 05:25 PM   #6 
     - Specifically they feel black people are coming to rape their women  Leopolds Ghost   Mar-25-12 03:44 AM   #16 
     - Obviously, in today's America, asking gun toters to act reasonably is futile.  dtexdem   Mar-26-12 01:08 PM   #21 
  - So, are Occupy supporters gonna tie this to the Trayvon Martin case, or do most people feel  Leopolds Ghost   Mar-25-12 03:40 AM   #15 
  - Yes, but there is a very important distinction here that a 14th-century judge might have made.  Leopolds Ghost   Mar-25-12 03:29 AM   #11 
     - Re My last point: Bo's family should prove that the man regularly allowed folks to knock on his door  Leopolds Ghost   Mar-25-12 04:06 AM   #17 
        - Porches, garages etc. are covered under the Wisconsin Castle Doctrine. n/t  ellisonz   Mar-25-12 04:28 PM   #19 
           - Then law is invalid. Porches are accessible spaces. Under this reasoning you can kill a Boy Scout  Leopolds Ghost   Mar-27-12 09:45 AM   #22 
              - Unless the porch is locked of course. Remember the kid was a next-door neighbor  Leopolds Ghost   Mar-27-12 09:53 AM   #24 
                 - He was not a resident of the neighboring house...  ellisonz   Mar-27-12 04:07 PM   #25 
  - Do you really want to guess if the intruder has a knife or gun or what their intentions are?  L0oniX   Mar-24-12 07:13 PM   #7 
  - Could be escaping from a bigger threat and seeking sanctuary??  KoKo   Mar-24-12 08:18 PM   #8 
  - The kid was hiding in an enclosed front porch. He was not breaking and entering  Leopolds Ghost   Mar-25-12 03:33 AM   #13 
     - It is a 5th degree felony trespass to enter an enclosed porch in Flordia.  L0oniX   Mar-26-12 12:56 PM   #20 
        - In my opinion, this sort of thing is bullshit. My neighborhood is full of enclosed porches.  Leopolds Ghost   Mar-27-12 09:47 AM   #23 
  - Reading the D.A. report...  ellisonz   Mar-24-12 11:16 PM   #9 
  - Perhaps I'l respond more tomorrow...but my garage is  tnlefty   Mar-25-12 12:11 AM   #10 
  - That kid was an idiot  lbrtbell   Mar-25-12 03:31 AM   #12 
  - This whole thing frightens me.  Leopolds Ghost   Mar-25-12 03:36 AM   #14 
     - "And that is the MAIN stream position?"  ellisonz   Mar-25-12 02:05 PM   #18 
 

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