Englishmum

"Judge Bans Vaseline Evidence From Jacko Trial"

http://www.dailymail.co.uk/pages/liv...n_page_id=1773

What could Jacko have wanted with a jar of Vaseline? :scared:

Franklin

I am not sure if I agree that it is a good idea to have firearms in a home, especially where there are children who might find them and play with them. But as a general matter, if a house owner has reasonable belief the lives of his/her family are threatened he/she will have a strong affirmative defense to the charge of murder in the first degree and the second degree. Everyone in every state has the fundamental right to protect the lives of their loved ones in their own home if threatened by an intruder so long as there is reasonable belief that the lives of the family are under threat of serious harm. No sane jury would convict. It is highly likely that should such "a self-defense of others/family" occur, that the local Police would regard such a shooting as justified.

If however, a house owner sets up, e.g., a shotgun or spring-gun to shoot prospective burglars while the house owner is not at home, it is very likely that this would not be regarded as self-defense. As a general rule, it is illegal to use lethal force to merely protect property no matter how provoked the house owner might feel about previous thefts and break-ins at his/her property.

But for every general rule, there is the exception, and the exception to the exception; so if you own a gun, you should check on the laws of your state that speak to justified self-defense. What counts OK as a justified shooting in TX might not be seen as such in CT. Gun-owners/users beware!

Franklin

Perhaps the "evidence" was not dispositive and/or was regarded as severely prejudicial to the defendant's right to a fair trial.

ImHere

This is true enough. Infact its a felony offence to allow a minor to gain access to a loaded gun unless properly supervised in Florida and unless that gun was obtained by the minor unlawfully (eg stolen). Hence why gunsafes are a good idea.

However, the law in FL states that:
(from Florida Statutes
http://www.flsenate.gov/statutes/ind...776/ch0776.htm)

776.012 Use of force in defense of person.--A person is justified in the use of force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against such other's imminent use of unlawful force. However, the person is justified in the use of deadly force only if he or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony.

and:

776.08 Forcible felony.--"Forcible felony" means treason; murder; manslaughter; sexual battery; carjacking; home-invasion robbery; robbery; burglary; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or discharging of a destructive device or bomb; and any other felony which involves the use or threat of physical force or violence against any individual.

If they are breaking into your home they are commiting a forceable felony. Deadly force is therefore legal, and no case to answer. Of course, setting up a trap would take a good lawyer to justify.

Z3M

Shoot before they shoot you if the burglar wasnt in the house he wouldnt get it,i cant blame anyone for shooting someone in there own home its tough shit they shouldnt be there no excuses

Manc

and once they have sued you, lets hope you carry enough liability on your house insurance.

cos if the jury thinks you weren't acting in self defense you're screwed.

NC Penguin

For the non-attorneys amongst us, could we have that in layman's English please?




NC Penguin

Z3M

So he could be like a boxer and get bashed round the ring

Franklin

Yep, which is what I wrote ... "Everyone in every state has the fundamental right to protect the lives of their loved ones in their own home if threatened by an intruder so long as there is reasonable belief that the lives of the family are under threat of serious harm. No sane jury would convict. It is highly likely that should such "a self-defense of others/family" occur, that the local Police would regard such a shooting as justified."

Bob

keep his smile nice and big by slipping it on his teeth?

Manc

Q.
When is bed time at the Neverland Ranch?

A.
When the big hand touches the little hand



I'll get my coat.

Ray

But of course the rules in Florida all change in Oct ..

emmals

bless ya Bob........

Leslie

What about this guy....

http://www.cnn.com/2005/LAW/04/18/detective.killed.ap/


:scared: :scared: :scared: :scared: :scared:

emmals

MANC.....that is soooo bad