Another Armed Attorneys Video
- Thread starter Kleanbore
- Start date
This sounds a lot like the case we handled before I retired. Man shot an intruder in his deceased mother's house. Legality hinged on if the intruder was committing a burglary or was trespassing. Burglary is a forcible felony in Illinois and one can use deadly force to stop the crime, trespass is a misdemeanor and deadly force is not a legal way to stop that crime. Charges hinged on how the case was presented to the grand jury. It would have been easy to get a grand jury to go either way.
A little off the topic, but they mention a Texas law regarding protecting property at night. That sounds a lot like Exodus 22:
2 If a thief is caught breaking in at night and is struck a fatal blow, the defender is not guilty of bloodshed; 3 but if it happens after sunrise, the defender is guilty of bloodshed.
2 If a thief is caught breaking in at night and is struck a fatal blow, the defender is not guilty of bloodshed; 3 but if it happens after sunrise, the defender is guilty of bloodshed.
No--Exodus 22 relates to break-ins at night--same law as in the Code of Hammurabi.
The Texas law applies to the theft of tangible, moveable property at night.
Phaedrus/69
Member
I suppose it never hurts to point out that neither the Pentateuch nor the Code of Hammurabi carry the weight of law in the USA, although this tends to surprise some folks.
scaatylobo
Member
I am retired LEO,and as such I know the "use of force law" like the back of my hand.
In other words I know EXACTLY what force I can legally use & when.
BUT if I left my door open [ NEVER DO,locked ! ] and came out to find a man or any critter sitting in the car with my wife [ no kids ] I would be VERY hands on.
Yes,even at my age,I would go the route of hands ,then Mace then whatever was REQUIRED.
He,or she would dictate what force I needed to use.
In this case,I see a woman and the HUGE "disparity of force" [ against a male ] issue as being correct as to her choices.
She left the door unlocked = *** ? ,her children were in there !.
And I want to know the ages of the children and was the car running,all would be cause to be more ---- or less alarmed.
A very educating thread…
Saw a video on YouTube one time about a dad fighting with his ex wife new husband about the whereabouts of his son and he wants to see his sim and the stepfather told him to leave his porch that it is private property. But the man wouldn’t leave… stepdad when inside, bright out a shotgun.
Put two shells on the man and a died immediately. I know the stepdad told him to leave and it was his property but using a deadly force wasn’t necessary. He could have just called the cops and let them handle everything.
Saw a video on YouTube one time about a dad fighting with his ex wife new husband about the whereabouts of his son and he wants to see his sim and the stepfather told him to leave his porch that it is private property. But the man wouldn’t leave… stepdad when inside, bright out a shotgun.
Put two shells on the man and a died immediately. I know the stepdad told him to leave and it was his property but using a deadly force wasn’t necessary. He could have just called the cops and let them handle everything.
The Night Rider
Member
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Somebody's going to say this. So it might as well be me.
A locked door would have prevented this whole thing
A locked door would have prevented this whole thing
Ks5shooter
Contributing Member
^^^^^^Yup
Barry the Bear
Member
I always thought that castle law extended to your vehicle in Texas, wouldn't this be akin to breaking into the home and offering the same protections as that or am I wrong ?
That is discussed in the video.
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