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There is an interesting case playing out in deep Southern Illinois regarding Booby Traps

Discussion in 'Strategies, Tactics and Training' started by Jeff White, Sep 14, 2019.

  1. Kleanbore

    Kleanbore Moderator

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    You are confusing the rights of accused persons in England with hose of accused people hare.

    The Magna Carta guaranteed that lords would be tried only by lords, while in this country we have the right to a fair and impartial jury.

    Are you suggesting that farmers might condone murder?
     
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  2. BSA1

    BSA1 Member

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    Many if not most lawyers wIll agree on the importance of jury selection and that trials are often won at this stage. I can tell you from first hand experience that one person can hopelessly deadlock the jury.

    (However my experience has come from only serving on one jury so you may argue that my case was not the norm).
     
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  3. Kleanbore

    Kleanbore Moderator

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    ...which will lead to a retrial.

    How many defendants can afford that?
     
  4. TomJ
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    TomJ Contributing Member

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    Law school was 20+ years ago, but I remember studying a case with almost identical facts to this and the defendant was found guilty. On a non-legal note, killing someone for breaking into a shed IMO is extreme.
     
  5. Meeks36

    Meeks36 Member

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    Why not rig up a big can of pepper spray? Not hard to do. And it gets the point across. Saves hassle of going to prison for murder. That mixed w a couple camera's. You will hear them screaming or coughing.
     
  6. Elkins45

    Elkins45 Member

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    You aren’t in danger of bodily harm if you aren’t physically preset in the building, so I doubt that would work as a defense. Generally you can’t shoot someone just to protect property.
     
  7. boom boom
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    boom boom Contributing Member

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    Generally speaking booby traps, even the intended less than lethal, might get the owner in legal hot water. If not criminal, then civil lawsuits make this expensive. Remember a lot of insurance companies will not cover liability against intentional torts and so if the yuteful burglar gets suffocated by a pepper spray booby trap bomb because of asthma--it might mean criminal charges depending on the state and caselaw and most certainly a civil wrongful death lawsuit. Insurance is cheaper than lawyers and judgments.

    People get sued enough by trespassers that get injured due to property features such as sinkholes, wells, etc. If you intentionally create something to harm someone, even short of mortal injury, you get to play legal jeopardy.
     
  8. Meeks36

    Meeks36 Member

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    I never understood how someone could illegally enter my property get hurt and then sue me. Makes no sense to me. They broke a law entering my domain. Fell got hurt and can sue me. I reckon I'm not sue Happy. Could have sued a few but never did.
     
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  9. boom boom
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    boom boom Contributing Member

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    It makes a warped kind of sense just as imprisoning folks that do not pay their child support despite most states explicit prohibitions on debt slavery. It is the idea that society might have to pay instead of one of the parties involved in the dispute. Society through its laws has allowed great leniency for lawbreakers to collect damages despite their lawbreaking. In the old days, the doctrine, "He who comes into equity must come with clean hands" barred many lawsuits such as this.

    The basic rationale is that someone has to pay for injuries suffered and usually the trespassers are lacking funds to do so. Thus, the landowner pays absent explicit no trespassing signs (and maybe not even then in leftist jurisdictions) or explicit warning signs about hazards on the property. Basically, the law assumes that property owners will keep their properties up and are insured. Thus, allowing trespassers to sue for harms caused to them allows society not to have to pay for the trespasser's medical injuries and the like.

    Sometimes the trespasser is a child and unable to comprehend dangers such as swimming pools. For that reason, attractive nuisance torts more or less demand that you have a fence around such or risk a massive wrongful death suit.
     
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  10. herrwalther

    herrwalther Member

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    Interesting correlation with both of these. Legal grey area with non lethal booby traps. In New Orleans it is common for bars to have broken glass (Home Alone anyone?) near windows. Not a deliberate trap but not something quickly picked up. What about plants? Many plants have thorns or sharp edges. A court would have a hard time dictating a rose bush under a window as a booby trap compared to someone who likes roses.

    In this case, setting a lethal booby trap is just plain not smart. It doesn't matter how many signs you have saying do not enter. It is like having a bright red button that says do not push. Someone is going to push it.
     
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  11. Kleanbore

    Kleanbore Moderator

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    There are things that will be accepted and things that will not.

    Roses, yes.

    Glass, no.

    Barbed wire, yes, if visible.

    Electrified fence, it depends.

    Andrew Branca covers the subject well in his courses.
     
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  12. zorro45

    zorro45 Member

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    I think anybody with a small modicum of intelligence would think about a situation such as a fire, volunteer F.D. rolls up, etc.
     
    JeffG likes this.
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