31 May 20
@Duchess64
Laws are by state. In Oklahoma if someone breaks into your home you are free to kill that person.
31 May 20
@no1marauder saidI pinched the case from the Legal Eagle YouTube channel because he did a video about it - also the law in the UK is similar, you are not allowed traps - so a wall with glass shards embedded in the cement at the top is allowed but it has to be so marked. Roughly it's the same as a householder who legally owns a shotgun being required to give fair warning to an intruder that (s)he intends to open fire if the intruder doesn't scarper. Which is a plausible scenario in the UK.
I remember that case from law school. The rule is quite simple:
" It is the accepted rule that there is no privilege to use any force calculated to cause death or serious bodily injury to repel the threat to land or chattels, unless there is also such a threat to the defendant's personal safety as to justify self-defense. The possessor may of course take some steps to ...[text shortened]... sts/2019/9/17/20870489/booby-trap-murder-property-rights-trespass-homeowners-wasmund-katko-steinberg
@deepthought saidIn Oklahoma no warning is required.
I pinched the case from the Legal Eagle YouTube channel because he did a video about it - also the law in the UK is similar, you are not allowed traps - so a wall with glass shards embedded in the cement at the top is allowed but it has to be so marked. Roughly it's the same as a householder who legally owns a shotgun being required to give fair warning to an intr ...[text shortened]... s)he intends to open fire if the intruder doesn't scarper. Which is a plausible scenario in the UK.
31 May 20
The post that was quoted here has been removedHer perception of the situation is what is at issue. What's going on in the intruder's mind is not an issue. In the scenario you've described she'd be in reasonable fear of her life and body, there's no reasonable route for her to withdraw from the situation and if she opens fire then it's the intruder's fault for being there.
31 May 20
@eladar saidI've never seen a warning on glass topped walls when they're high and on a building that one would expect to be defended. I think there's only a requirement when the walls short enough to be scalable by someone on a whim. Something like an electrified sheep fence needs a warning on it - although those aren't for human security. The basic requirement is that someone acting without unlawful intent cannot be harmed.
In Oklahoma no warning is required.
31 May 20
@eladar saidSo if they kill you instead and claim self defense, they can walk away with break and enter. 🤔
@DeepThought
If they break into your house, then you can legally kill them.
31 May 20
@Duchess64
You would need to train yourself not to scream but silently get your gun and shoot.
31 May 20
@eladar saidI ask again: do you know what a "right" is?
So criminals who can over power you or be there when you are not, have the right to steal your belongings. If deadly force is the only way you can stop then, you are toast.
Seeing as I am not a criminal, nor do I believe criminals should be rewarded, these pro criminal laws are for the birds.
There is no right I'm aware of anywhere to steal from another person.
31 May 20
@no1marauder saidCriminal rights are to be able to steal from you without fear of you resisting. A group van break into your property, especially a garage or whatever and simply take what is yours.
I ask again: do you know what a "right" is?
There is no right I'm aware of anywhere to steal from another person.
You cannot do anything about it. It would be like looters over powering police and taking ownership of cities.
31 May 20
@eladar saidA knee on a neck for 9 minutes started this.
Criminal rights are to be able to steal from you without fear of you resisting. A group van break into your property, especially a garage or whatever and simply take what is yours.
You cannot do anything about it. It would be like looters over powering police and taking ownership of cities.
31 May 20
@eladar saidI'm getting what #1 is asking. Do you know what a "right" is in the sense that some of them are enumerated in the US constitution? When you talk about a "criminal right" here what do you mean in that light?
Criminal rights are to be able to steal from you without fear of you resisting. A group van break into your property, especially a garage or whatever and simply take what is yours.
You cannot do anything about it. It would be like looters over powering police and taking ownership of cities.