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No Charges To Be Filed Against Man Who Killed Three Teen Home Invaders
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The "Make my Day" laws do protect homeowners who use force to defend their property, but sometimes things go awry. I remember once in Colorado a Japanese foreign-exchange student was killed when he accidentally approached the wrong house for a party. The homeowner said he shouted "Freeze!" but the young man kept coming, so he fired. It was supposed that the foreigner didn't understand the expression or heard it as "Please!"
In the Oklahoma case, I think the homeowner was within his rights according to local laws. This is not to say I necessarily approve of his action in killing all three teens, but I'm told you can't shoot to disable like in the movies, so...
Not sure I understand the logic in charging the female accessory with the deaths. I know it is local law, and she must get some punishment, but I don't see how first-degree murder is right.
Welcome to the Wild West!Pat D. https://forum.casebook.org/core/imag...rt/reading.gif
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Von Konigswald: Jack the Ripper plays shuffleboard. -- Happy Birthday, Wanda June by Kurt Vonnegut, c.1970.
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Originally posted by Pcdunn View PostThe "Make my Day" laws do protect homeowners who use force to defend their property, but sometimes things go awry. I remember once in Colorado a Japanese foreign-exchange student was killed when he accidentally approached the wrong house for a party. The homeowner said he shouted "Freeze!" but the young man kept coming, so he fired. It was supposed that the foreigner didn't understand the expression or heard it as "Please!"
In the Oklahoma case, I think the homeowner was within his rights according to local laws. This is not to say I necessarily approve of his action in killing all three teens, but I'm told you can't shoot to disable like in the movies, so...
Not sure I understand the logic in charging the female accessory with the deaths. I know it is local law, and she must get some punishment, but I don't see how first-degree murder is right.
Welcome to the Wild West!
To me another example of a law that had a certain intent, but through poor drafting catches others not originally intended.G U T
There are two ways to be fooled, one is to believe what isn't true, the other is to refuse to believe that which is true.
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Originally posted by Svensson View PostSo, if you want someone killed, just invite them to your house, shoot him/her and claim it was intrusion? Is this then not a law that is open to abuse (and therefore a bad law)?
By the way, back in the 1970s (when studying American tort law) I learned that due to changes regarding public opinion about the sanctity of human life (sorry if that sounds forced here, but it was the best way to put it), the use of gun traps and similar safety devices against burglars on one's land, is also forbidden.
Jeff
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Originally posted by Robert View PostYou mean invite them to your house, be sure to wear masks, hoodies and gloves, oh, and don't forget to bring brass knuckles and a knife.Regards, Jon S.
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Originally posted by Mayerling View PostActually it always leaves some kind of aura of suspicion. Think of the background story to "The Two Mrs. Grenvilles": the "accidental" shooting murder (?) of Billy Woodward by his wife out in his own home when she felt it was an intruder in 1957, or the similar death of the Professor Cobb, the father of baseball great Ty Cobb, shot by his mother (officially - Ty always suspected her lover shot his father and she covered it up for him, and never forgave her). It's always a tricky kind of problem about shooting to defend oneself.
By the way, back in the 1970s (when studying American tort law) I learned that due to changes regarding public opinion about the sanctity of human life (sorry if that sounds forced here, but it was the best way to put it), the use of gun traps and similar safety devices against burglars on one's land, is also forbidden.
Jeff
Jeff
I used to think you were a nice bloke.
BUT
You just used the "T" word, now I'll have nightmares.G U T
There are two ways to be fooled, one is to believe what isn't true, the other is to refuse to believe that which is true.
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Originally posted by c.d. View PostI think the homeowner was well within his rights to do what he did. He had no way of knowing what their intention was. I have no sympathy at all for the teens.
c.d."Is all that we see or seem
but a dream within a dream?"
-Edgar Allan Poe
"...the man and the peaked cap he is said to have worn
quite tallies with the descriptions I got of him."
-Frederick G. Abberline
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Originally posted by GUT View PostJeff
I used to think you were a nice bloke.
BUT
You just used the "T" word, now I'll have nightmares.
I thought I was a nice guy too. However, since I disappointed you I am standing in a corner facing the wall.
Sorry I used the "T" word. What word would you have used?
Jeff
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Originally posted by Mayerling View PostHi GUT,
I thought I was a nice guy too. However, since I disappointed you I am standing in a corner facing the wall.
Sorry I used the "T" word. What word would you have used?
JeffG U T
There are two ways to be fooled, one is to believe what isn't true, the other is to refuse to believe that which is true.
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