03-07-2011, 04:03 PM
[quote JustJim]Fred,
I'd say you need to be in fear for your life to use deadly force. One can't justify (legally at least) the use of deadly force to defend property. I'd help ya open a can-o-whoopass on 'em though!
Jim[/quote]
Didn't we just pass this in Utah?
"A Castle Doctrine (also known as a Castle Law or a Defense of Habitation Law) is an [url "http://en.wikipedia.org/wiki/United_States"]American[/url] legal doctrine arising from [url "http://en.wikipedia.org/wiki/English_Common_Law"]English Common Law[/url][url "http://en.wikipedia.org/wiki/Castle_doctrine#cite_note-0"][1][/url] that designates one's place of residence (or, in some states, any place legally occupied, such as one's car or place of work) as a place in which one enjoys protection from illegal trespassing and violent attack. It then goes on to give a person the legal right to use [url "http://en.wikipedia.org/wiki/Deadly_force"]deadly force[/url] to defend that place (his "[url "http://en.wikipedia.org/wiki/Castle"]castle[/url]"), and any other innocent persons legally inside it, from violent attack or an intrusion which may lead to violent attack. In a legal context, therefore, use of deadly force which actually results in death may be defended as [url "http://en.wikipedia.org/wiki/Justifiable_homicide"]justifiable homicide[/url] under the Castle Doctrine"
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I'd say you need to be in fear for your life to use deadly force. One can't justify (legally at least) the use of deadly force to defend property. I'd help ya open a can-o-whoopass on 'em though!
Jim[/quote]
Didn't we just pass this in Utah?
"A Castle Doctrine (also known as a Castle Law or a Defense of Habitation Law) is an [url "http://en.wikipedia.org/wiki/United_States"]American[/url] legal doctrine arising from [url "http://en.wikipedia.org/wiki/English_Common_Law"]English Common Law[/url][url "http://en.wikipedia.org/wiki/Castle_doctrine#cite_note-0"][1][/url] that designates one's place of residence (or, in some states, any place legally occupied, such as one's car or place of work) as a place in which one enjoys protection from illegal trespassing and violent attack. It then goes on to give a person the legal right to use [url "http://en.wikipedia.org/wiki/Deadly_force"]deadly force[/url] to defend that place (his "[url "http://en.wikipedia.org/wiki/Castle"]castle[/url]"), and any other innocent persons legally inside it, from violent attack or an intrusion which may lead to violent attack. In a legal context, therefore, use of deadly force which actually results in death may be defended as [url "http://en.wikipedia.org/wiki/Justifiable_homicide"]justifiable homicide[/url] under the Castle Doctrine"
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