Inherent Risk....

[the lemon tree]

Quote:
That is wrong on so many levels...

I totally agree. It makes me sick to my stomach just thinking about it. Who's really the victim??

We laugh at how frivolous lawsuits can be but what's really disturbing is that some folks actually win them. And yes, I agree with the OP that there should be some congruity between criminal and civil charges, in certain aspects of the law.

 

[chicken_china_mom]

Quote:
That is wrong on so many levels...

I totally agree. It makes me sick to my stomach just thinking about it. Who's really the victim??

We laugh at how frivolous lawsuits can be but what's really disturbing is that some folks actually win them. And yes, I agree with the OP that there should be some congruity between criminal and civil charges, in certain aspects of the law.

I agree. In my opinion the judicial system has become very unbalanced, and I don't really know when it started to get so bad. I forget who I was speaking to, but the topic of WalMart came up. We began discussing their policies and such, and the person I was speaking with said that people will come into the store to shop with their kids, and they will put their little ones in the seat, and then deliberately turn their backs and let their child fall out just so that WalMart will offer them all the groceries in their cart for free!

The people know that WalMart wants to avoid a lawsuit and will give them their gorceries free to keep them from filing. What has happened to society that people have become this corrupt? I find it disgusting. I would never needlessly sue someone over trivial matters. Not that I haven't gotten super mad over the lack of salt in their parking lots. I've almost fallen at least a dozen times because the one near my house NEVER uses salt. And I was told that's because the salt damages the tires and undersides of the cars, and they don't want to get sued over that! Give me a flippin break already! Go out lazy people and GET A JOB! Stop trying to scam the hard working folks out of THEIR hard earned money!!! Sorry, but the irresponsibility and misuse of justice just burns me up!

 

[Tala]

Quote:
That's why it's entirely better to wait for the guy to come INSIDE and then empty your gun into his chest and be done with it

My mom always says just to make sure that he dies all the way inside your house.

There's a song that says "our houses are protected by the good Lord and a gun" and I think that summs it up pretty well. My dogs, while loud, are unlikely to actually bite anyone (the Lab would probably bring the intruder a ball to throw.....

)

I hear that Texas has the most benefits for homeowners in the case of intrusion, and that's where I'll be looking for our next plot of land.

 

[the lemon tree]

Quote:
That's why it's entirely better to wait for the guy to come INSIDE and then empty your gun into his chest and be done with it

My mom always says just to make sure that he dies all the way inside your house.

There's a song that says "our houses are protected by the good Lord and a gun" and I think that summs it up pretty well. My dogs, while loud, are unlikely to actually bite anyone (the Lab would probably bring the intruder a ball to throw.....

)

I hear that Texas has the most benefits for homeowners in the case of intrusion, and that's where I'll be looking for our next plot of land.

No matter where an intruder is in my home, whether I kill him or not, I can still be sued on civil grounds. While I won't see a day in jail for, say, attempted murder, a judge may still make me pay for his medical care. Oh, and we can't forget the emotional distress I caused when I shot him as he was entering my home to rob and rape me.

 

[Tala]

Quote:
See there is no hospital care if he's dead on the scene. Maybe I'd have to pay for the corroner to come out to pronounce, but there won't be any medical care I promise you.

I just can't see a judge/jury putting me away for the emotional distress of an intruder either. Not here in the south.
Maybe in New York City

but not in podunk Arkansas.

See, there are benefits to living in a place where they still believe in guns.
Especially after that news lady was beaten to death in her home recently.....women who live alone are taking extra precautions thesedays. My mom and sister both got their concealed carry permits in the past year. I don't carry outside the house so I haven't bought a permit, but there are 3 loaded guns in my bedroom. (ETA: and no I don't call that overkill that's just where I store my guns, only one of them is for shooting humans....although any would do in a pinch.)

 

[halo]

Florida has a very good Castle Law. Its one reason why Id be hesitant to leave and move to another state.

 

[rebelcowboysnb]

Castle Law? Georgia an Texas as went far past that. Georgia copied a Texas law that lets you use a gun any time an any where you feal the need to.(sorry dont know the actual wording) The thing is that Georgia already has the "Fighting words" law that says anyone has the right to beat the tar out of anyone that calls them a bad name. The two laws together make it legal to shoot anyone for calling you a name. It was the talk of the local news when the new law passed. They said the states murder rate would go threw the roof...... I think it actually went down..


Next time you get to experience some good old Georgia hospitality you can now wonder it they are being good southerners or just dont want shot. lol

 

[seismic wonder2]

California (California Penal Code § 198.5 sets forth that unlawful, forcible entry into one's residence by someone not a member of the household creates the presumption that the resident held a reasonable fear of imminent peril of death or great bodily injury should he or she use deadly force against the intruder. This would make the homicide justifiable under CPC § 197 [2]. CALCRIM 506 gives the instruction, "A defendant is not required to retreat. He or she is entitled to stand his or her ground and defend himself or herself and, if reasonably necessary, to pursue an assailant until the danger ... has passed. This is so even if safety could have been achieved by retreating."

However, it also states that "[People v. Ceballos] specifically held that burglaries which 'do not reasonably create a fear of great bodily harm' are not sufficient 'cause for exaction of human life.'” The court held that because a "trap-gun" (a gun tied to a string that shot the criminal as he opened the door)was used, the doctrine did not apply. [3]

This was 1970 something. I can't find anything up to date.

 

[PineappleMama]

Quote:
Wait, don't insurance companies only pay out if Their Side is responsible? Clearly the jumper was responsible for the accident, no question, so how the devil did he get paid for it. That just sets a BAD precedent.

 

[Boyd]

Quote:
That's why it's entirely better to wait for the guy to come INSIDE and then empty your gun into his chest and be done with it

My mom always says just to make sure that he dies all the way inside your house.

There's a song that says "our houses are protected by the good Lord and a gun" and I think that summs it up pretty well. My dogs, while loud, are unlikely to actually bite anyone (the Lab would probably bring the intruder a ball to throw.....

)

I hear that Texas has the most benefits for homeowners in the case of intrusion, and that's where I'll be looking for our next plot of land.

in michigan it doesn't have to be inside the house despite popular belief. In 2007 they amended and expanded our castle doctrines to include anywhere on our property including vehicles to be a residence. Anyone believed to be committing a felony is subject to lethal force. I just wish dumping coons constituted a felony cuz I coulda had me a few good ole boys hanging in my trophy room by now.