This is why stand your ground laws can’t realistically exist in places that aren’t sparsely populated. Because someone will read “defend your property and life with force if necessary” as “act as a raging lunatic and attempt to shoot anyone who comes at the door because it’s legal to do so if you claim you were defending your property, even though there was no indication of actual imminent danger to property or people”.
In my country we don’t have stand your ground laws. You can only defend yourself in case of an attack, but not drive away a thief. You’re supposed to run and call the police, but I keep wondering if a legal framework like the US where you weren’t legally punished for attacking a thief in your house wouldn’t be fairer but then there’s news like this.
The problem is people applying laws like castle doctrine outside of situations that they were intended for… then shitty judges allow it to be applied outside of those situations… resulting in these random ass killings for people knocking on doors. It’s messed up and horrible.
But at the same time a few years ago a family near my friends house had someone break in, killed the two parents and then chased down the son and killed him in the woods. The young man tried to retreat and was killed anyway. THEN they robbed the house. They were looking for stuff to steal and sell for drugs. Then they set the house on fire.
https://www.courant.com/2018/05/14/details-emerge-of-brutality-in-deaths-of-griswold-family-members/
If someone is legitimately breaking into your house you should be able to defend yourself if you can’t get away. It doesn’t need to be a gun, but you should not go to jail for hurting someone who is in your house who is not supposed to be there.
There’s no way to tell if that person is just a burglar or might fucking kill you over your stuff. What are you supposed to do? Ask them? “Excuse me criminal, are you the murderous type or just a burglar?”
Obviously leave if you can, but this case shows running away doesn’t always work. That poor family.
You should be able to use reasonable force. If you’re trying to subdue a homicidal maniac then you can choke them unconscious or knock them unconscious or kill them if that’s all you have means to do. But if you just have someone who wants to be rude and yell in your face, then you don’t have a right to kill them.
I think it depends on who causes the confrontation and who is escalating the situation to different levels of violence.
Also, I think there’s different ways to interpret stand your ground as a concept. You can stand your ground and use reasonable force to secure your safety. You should not be able to stand your ground and murder someone so as not to inconvenience yourself if you don’t want to take a step back or move out of someone’s way for example.
This has absolutely nothing to do with “Stand Your Ground”. SYG only applies when you or someone else are in real and imminent danger of serious bodily harm or death, neither of which were true in this case. That’s why the guy was arrested and has been charged with a number of serious offenses. He’s going to end up in prison.
Since you aren’t from the United States I should also tell you that SYG isn’t a National thing, its only legal in the States in that have passed laws allowing it.
I keep wondering if a legal framework like the US where you weren’t legally punished by attacking a thief in your house wouldn’t be fairer but then there’s news like this.
That’s called “Castle Doctrine” and like SYG it isn’t National. It only exists in the States that have passed a law to allow it.
It CAN work but there’s at least a few States that have Castle Doctrine and a Duty to Retreat so you end up having to flee a home invader until or unless you have no other choice.
I wasn’t necessarily thinking the law would protect the person who did this, but pondering if the existence of that legal framework does not create the impression that this is acceptable, even though it isn’t and that’s not what the law is.
And also, i do understand this isn’t applied everywhere in the US, but to me I see the US as a country. As a foreigner it’s probably very unlikely I’m going to refer to it as the law from Connecticut or whatever. I just know this law exists in the US and to be fair I’m not really that interested in knowing specifically where and the nuances of state to state legislation.
But nevertheless i thank you for clarifying the difference between Stand your ground and Castle doctrine and reminding me that it’s not a national thing.
You are acting as if it were actually complicated. Requiring no duty to retreat makes perfect sense in your own home. The law most sane places says you have to be in a situation where a reasonable person would be in fear for life or bodily injury.
Note “reasonable person” is a common legal standard. A reasonable person doesn’t think someone outside is automatically a threat. People who shiit then ask questions go to jail.
Well, there ya go. All the proof you need that there’s clearly no gun problem in America.
/s
EDIT: I’d love for the cowards downvoting this to step up and be heard. Come on, speak your mind.
Brent Metz is accused of shooting a 17-year-old in the face after the teenager trespassed on a property to find a homeowner and inquire about taking homecoming photos there. (Jackson County Sheriffs Office)
Trespassing? So walking to someones door looking for the owner of the house is now Trespassing? Wtf
Not a lawyer. By the letter of the law, yes.
They had to jump the fence - presumably the gate was secured - in order to get to the house. Further, they walked around the property looking for the owner. This looks to anyone without more knowledge, very much like trespassing.
Just my 2 cents, I’m not trying to defend or accuse anyone.
If I can’t Shoot a Teenager in the Face you’re INFRINGING ON MY SECOND AMENDMENT RIGHTS! Now let me Save The Children!
