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Castle Doctrine means no charges in bow-and-arrow killing

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posted on Jan, 2 2012 @ 02:20 PM
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Somerset County District Attorney Jerry Spangler will not charge a man who fatally shot another man with a bow and arrow, saying today that changes in the state's Castle Doctrine factored into his decision.



Romantic involvement (clearly not thinking clearly), guy brings heavy wooden club to a bow and arrow fight.

I have read that the laws are different in different states.

Would like for posters to bring specific examples, preferably recent, of court decisions and new laws regarding use of force at home and otherwise, in the USA states and the world. Really like hearing what is going on in other countries.

In this case judge decided a mans home is his castle, and he is safe in his castle, even on the porch. I always heard it was necessary to put a knife in their hand and drag them back in.

Away from home some states require that you MUST retreat (escape) if at all possible. Otherwise you get in trouble for killing people, even with a good reason.

K




posted on Jan, 2 2012 @ 02:41 PM
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reply to post by kawika
 

A good lesson in "How not to pursue the woman of your dreams". Thanks!



posted on Jan, 2 2012 @ 04:37 PM
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Originally posted by kawika


Away from home some states require that you MUST retreat (escape) if at all possible. Otherwise you get in trouble for killing people, even with a good reason.

K




Florida's legislators have removed the "duty to retreat" aspect of self-defense in criminal cases, concerning any place a person has a lawful right to be, meaning people attacked on a street or in a bar, for instance, are not required to try to run but can fight force with deadly force if they feel their lives are in danger.

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The above link contains information on a road rage incident where two men were beating her boyfriend and she stabbed them.

The below link contains a better description of florida's law
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(4) A person who unlawfully and by force enters or attempts to enter a person’s dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence.


According to the letter of the Law(in florida) if someone is attempting to break into Your home You could sling open the door and shoot them dead, although it is always not so cut and dry and judges (in my county at least) have not been willing to set precedent by interpreting the law and leave it up to the jury to decide if the killing fits the "castle doctrine" laws in the majority of cases.



posted on Jan, 2 2012 @ 07:12 PM
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reply to post by Adamanteus
 


Great post, thanks.

Have been to Florida only a few times to visit the mouse.

Nice place to visit.

K



posted on Jan, 3 2012 @ 02:34 PM
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reply to post by kawika
 


You don't have to bring them back inside if they are facing you, so if they are retreating, your in trouble but if they are changing fire at will.



posted on Jan, 4 2012 @ 05:03 PM
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Related thread, news from Oklahoma.

ATS Thread mother kills intruder justified

People in Texas or Oklahoma should know better...home owners are all armed.



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