The right to defend yourself in your home

STEED · 08-09-07, 10:12 AM

Once again this story hits the headlines again.

Quote:

Homeowner arrested after the burglar he confronted fell 30ft and died

http://www.dailymail.co.uk/pages/liv...n_page_id=1770

Granted we will not know the outcome of this case until November any how on the radio phone in today people rung in telling there story's and most of them got a period in prison from one month to a year or more and most were fined. If a person or persons enters your property illegally they have crosses the line from citizen to criminal, what are you to do when you face them? Have tea and biscuits and help yourself to my stuff, of course not. Your thinking about yourself or your wife and children this person could be a house breaker to a killer so you are going to put up a fight and stop them, and yet in this country you face being punished for defending your home and family.

The Government say, we have the right to defend ourselves and yet in law there is no hard facts laid out, it's all a grey area. So when the heck is this grey area going to be resolved? This year? Next year? Ten years from now? or most likely never as there are too many bleeding heart liberals working hand in glove with the EU laws.

Chock · 08-09-07, 10:27 AM

The contentious issue is the use of 'excessive' force if defending yourself.

However, if someone tries to have it away with my DVD collection or anything else for that matter (which I've worked hard to pay for) after having smashed in my back door, then I regard no force as excessive enough in stopping them, because they bloody well asked for anything they got. And if I was on a Jury for a case such as this, I'd recommend giving the homeowner a medal, not a fine or custodial sentence.

The law is indeed 'an ass' a lot of the time.

Chock

swifty · 08-09-07, 10:32 AM

Move to Texas where it is legal to shoot any one trespassing on your property all you need is a "trespassing" sign or a fence. It doesn't mater if it's excessive or not.

God Bless Texas

bradclark1 · 08-09-07, 11:49 AM

Quote:

Originally Posted by swifty

Move to Texas where it is legal to shoot any one trespassing on your property all you need is a "trespassing" sign or a fence. It doesn't mater if it's excessive or not.

God Bless Texas

They have to be inside the house though. Just on the property isn't enough.

Yeah Steed it's the same over here. Really pathetic when you aren't supposed to protect your own home.

Edit: This is what recently happened in my state; http://www.cnn.com/2007/US/07/24/hom....ap/index.html

Hakahura · 08-09-07, 12:09 PM

One less burglar in the world, I don't see a problem.

Give the guy a medal.

STEED · 08-09-07, 12:27 PM

If anyone broke in to my home one thing is for sure they are going out in a wooden box.

Konovalov · 08-09-07, 12:53 PM

Great.

I am expected to put up the white flag, say take what you want, keep my mouth shut and let some scummy crook terrorize my family in the process.

SUBMAN1 · 08-09-07, 12:57 PM

Quote:

Originally Posted by Konovalov

Great.

I am expected to put up the white flag, say take what you want, keep my mouth shut and let some scummy crook terrorize my family in the process.

Pretty much - but you fogot the part where you tell your would be intruder to 'Stop - give me a minute while I call the cops. Then you can proceed with your breaking and entering and stealing and killing.'

-S

bigboywooly · 08-09-07, 01:03 PM

No problem
Beat the cr@p out of the intruder then dump the body a few streets away

Whats he gonna say ?
I was burgling **** and got beat up ?

SUBMAN1 · 08-09-07, 01:22 PM

Quote:

Originally Posted by bigboywooly

No problem
Beat the cr@p out of the intruder then dump the body a few streets away

Whats he gonna say ?
I was burgling **** and got beat up ?

Worse - he is going to get a lawyer and sue you for everything you're worth. Its cheaper and better for society to just shoot him.

swifty · 08-09-07, 03:23 PM

Quote:

Originally Posted by bradclark1

Quote:

Originally Posted by swifty

Move to Texas where it is legal to shoot any one trespassing on your property all you need is a "trespassing" sign or a fence. It doesn't mater if it's excessive or not.

God Bless Texas

They have to be inside the house though. Just on the property isn't enough.

Yeah Steed it's the same over here. Really pathetic when you aren't supposed to protect your own home.

Edit: This is what recently happened in my state; http://www.cnn.com/2007/US/07/24/hom....ap/index.html

In most US states you are right. In order to use deadly force you have to be in fear of your life or the have someone inside your home. But in Texas the law allows one to use deadly force to protect property. It's origins come from the wild west in regards to horse rustling. Because of Texas' size and remoteness if one was to steal/kill the horse it would present risk of death.

Quote:

§ 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is
justified in using deadly force against another to protect land or
tangible, movable property:
(1) if he would be justified in using force against the
other under Section 9.41; and
(2) when and to the degree he reasonably believes the
deadly force is immediately necessary:
(A) to prevent the other's imminent commission of
arson, burglary, robbery, aggravated robbery, theft during the
nighttime, or criminal mischief during the nighttime; or
(B) to prevent the other who is fleeing
immediately after committing burglary, robbery, aggravated
robbery, or theft during the nighttime from escaping with the
property; and
(3) he reasonably believes that:
(A) the land or property cannot be protected or
recovered by any other means; or
(B) the use of force other than deadly force to
protect or recover the land or property would expose the actor or
another to a substantial risk of death or serious bodily injury.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.

One law that i wish was still on the books was if a husband came home and found his wife cheating he was legally allowed to kill both. Women did not have this right.

STEED · 08-09-07, 03:47 PM

Quote:

Originally Posted by bigboywooly

No problem
Beat the cr@p out of the intruder then dump the body a few streets away

Whats he gonna say ?
I was burgling **** and got beat up ?

Don't forget Wooly the law will back the scumbag to the hilt, your going down as well, so go all the way and rid the world of one more scumbag.

Tchocky · 08-09-07, 04:54 PM

I'm scanning my room, trying to find something that's worth killing over.

.....not really.

There's self-defence, and then there's wooden-box talk.

Yahoshua · 08-09-07, 05:48 PM

This has become commonplace in the U.S. now. The law refuses to prosecute the criminal or lets them off with only a slap on the hand while clamping down on the ability of citizens to defend life, limb, and family from violent criminals. We are fast becoming a police state.

http://www.abc15.com/news/local/stor...5EE7C&gsa=true

http://www.americanthinker.com/2007/...our_lives.html

Tchocky · 08-09-07, 07:10 PM

Police State? Maybe

I'm trying to reconcile defense of property with the idea of burglary resulting in death.

08-09-07, 10:27 AM	#2
Chock Sea Lord Join Date: May 2005 Location: Under a thermal layer in chilly Olde England Posts: 1,842 Downloads: 0 Uploads: 0	The contentious issue is the use of 'excessive' force if defending yourself. However, if someone tries to have it away with my DVD collection or anything else for that matter (which I've worked hard to pay for) after having smashed in my back door, then I regard no force as excessive enough in stopping them, because they bloody well asked for anything they got. And if I was on a Jury for a case such as this, I'd recommend giving the homeowner a medal, not a fine or custodial sentence. The law is indeed 'an ass' a lot of the time. Chock __________________

08-09-07, 12:09 PM	#5
Hakahura Grey Wolf Join Date: Aug 2006 Location: The United Kingdom of Great Britain and Northern Ireland Posts: 785 Downloads: 0 Uploads: 0	One less burglar in the world, I don't see a problem. Give the guy a medal. __________________ Sir Humphey Appleby, GCB, KBE, MVO and MA. Britain's Greatest Orator, well bar that Churchill fellow.

08-09-07, 12:27 PM	#6
STEED Lucky Jack Join Date: Jan 2006 Location: Down Town UK Posts: 27,695 Downloads: 89 Uploads: 48	If anyone broke in to my home one thing is for sure they are going out in a wooden box. __________________ Dr Who rest in peace 1963-2017. To borrow Davros saying...I NAME YOU CHIBNALL THE DESTROYER OF DR WHO YOU KILLED IT!

08-09-07, 12:53 PM	#7
Konovalov Ocean Warrior Join Date: Sep 2002 Location: High Wycombe, Bucks, UK Posts: 2,811 Downloads: 9 Uploads: 0	Great. I am expected to put up the white flag, say take what you want, keep my mouth shut and let some scummy crook terrorize my family in the process. __________________ "In a Christian context, sexuality is traditionally seen as a consequence of the Fall, but for Muslims, it is an anticipation of paradise. So I can say, I think, that I was validly converted to Islam by a teenage French Jewish nudist." Sheikh Abdul-Hakim Murad (Timothy Winter)

08-09-07, 01:03 PM	#9
bigboywooly Rear Admiral Join Date: Apr 2006 Location: Swindon, England Posts: 10,151 Downloads: 35 Uploads: 0	No problem Beat the cr@p out of the intruder then dump the body a few streets away Whats he gonna say ? I was burgling **** and got beat up ? __________________ My mediafire page http://www.mediafire.com/?11eoq19bq9r41

08-09-07, 10:32 AM	#3
swifty Soundman Join Date: Apr 2007 Location: S. Florida Posts: 141 Downloads: 1 Uploads: 0	Move to Texas where it is legal to shoot any one trespassing on your property all you need is a "trespassing" sign or a fence. It doesn't mater if it's excessive or not. God Bless Texas

08-09-07, 04:54 PM	#13
Tchocky Navy Seal Join Date: Jul 2004 Posts: 5,874 Downloads: 6 Uploads: 0	I'm scanning my room, trying to find something that's worth killing over. .....not really. There's self-defence, and then there's wooden-box talk. __________________ [SIGPIC][/SIGPIC]

08-09-07, 05:48 PM	#14
Yahoshua The Old Man Join Date: May 2006 Posts: 1,493 Downloads: 0 Uploads: 0	This has become commonplace in the U.S. now. The law refuses to prosecute the criminal or lets them off with only a slap on the hand while clamping down on the ability of citizens to defend life, limb, and family from violent criminals. We are fast becoming a police state. http://www.abc15.com/news/local/stor...5EE7C&gsa=true http://www.americanthinker.com/2007/...our_lives.html __________________ Science is the organized unpredictability that strives not to set limits to mans' capabilities, but is the engine by which the limits of mans' understanding is defined-Yahoshua

08-09-07, 07:10 PM	#15
Tchocky Navy Seal Join Date: Jul 2004 Posts: 5,874 Downloads: 6 Uploads: 0	Police State? Maybe I'm trying to reconcile defense of property with the idea of burglary resulting in death. __________________ [SIGPIC][/SIGPIC]