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- From: callison@essex.ecn.uoknor.edu (James P. Callison)
- Newsgroups: rec.guns
- Subject: Re: Bad tactical position ( was Psychology in Defense)
- Message-ID: <BxwIrs.3B5@constellation.ecn.uoknor.edu>
- Date: 19 Nov 92 15:10:08 GMT
- Sender: magnum@mimsy.umd.edu
- Organization: Engineering Computer Network, University of Oklahoma, Norman, OK, USA
- Lines: 76
- Approved: gun-control@cs.umd.edu
-
- In article <199211170651.AA00435@ucsu.Colorado.EDU> fcrary@ucsu.Colorado.EDU (Frank Crary) writes:
- #In article <Bxu306.AGz@constellation.ecn.uoknor.edu> callison@essex.ecn.uoknor.edu (James P. Callison) writes:
- ##Here's an interesting question...according to some news report or another,
- ##there's been a rise in burglaries (or, I guess, technically, robberies)
- ##committed while the residents were at home--and they were purposefully
- ##committed while there was someone there. These perps were doing it for
- ##feeling of power, and they were bent on harm...
- #
- #I think that's burglary (entering private property with the intention
- #of committing a crime) not robbery (where the intention is theft.)
-
- The distinction between burglary and robbery can get somewhat blurry,
- but as a rule of thumb, if you're there, it's robbery. Robbery is
- _generally_ a crime against a person, while burglary is _generally_
- a crime against property. There are exceptions either way (under
- some circumstances, it's robbery even if the object is out of your
- sight), but that's the general picture.
-
- ##...and posed a clear and
- ##present danger. Question: If you catch one of these, and he tries
- ##to leave, do you shoot him? He poses a clear and present danger, and
- ##will likely try it again (according to the report), if not with you
- ##as the target, then with someone else...
- #
- #Can you be sure of that? Perhaps the experience of being held at gun
- #point will reform him. I suspect a court of law would take that
- #view: You can not be sure that individual will be a future threat,
- #and therefore you are not justified in acting in self-defense.
-
- But, having seen the reports (and, since the figures are compiled
- by the US Department of Justice, we may assume that they are
- accurate), would you, as a reasonable person, feel that the person
- still constitutes a clear and present danger? From what I've been
- able to glean, if a reasonable person feels threatened, he's
- justified--but what if the threat is not necessarily towards _him?_
-
- ##I know the FBI's position is that a Special Agent who witnesses a
- ##a robbery is bound to try and apprehend the subject, even though it
- ##is technically not under FBI jurisdiction; do we, as "a well
- ##regulated militia," do the same?
- #
- #The militia has no legal status in this respect. You could hold him
- #until the police arived. If he ran away, I think you could legally
- #consider this "resisting a citizen's arrest" and use force to
- #prevent it _in_some_states_.
-
- I was using the term "well regulated militia" somewhat fecetiously.
- (i.e.--It was a joke son, I say, a joke. A funny. A story with a
- humorous climax. OK, so it wasn't a very good one. :-)
-
- ##(I think the answer is to shoot, under
- ##Arizona's laws, but I'm not certain what any other laws are. I think
- ##that, under Colorado and Oklahoma law, the moment he enters my
- ##house, he's at my mercy, no matter what he does, so I'd shoot, no
- ##question. What would _you_ do?)
- #
- #At least under Colorado law, you might get away with it: Without
- #evidence to the contrary, it is assumed that someone in your
- #home without your permission is a threat. I'm not sure about
- #cases where evidence suggests there was no threat (e.g. someone
- #shot "execution style", shot in the back, etc...)
-
- Of course, this all depends on the judge and jury, and, to some extent,
- the DA...(see .sig)
-
- James
-
- James P. Callison Microcomputer Coordinator OU Law Library
- Callison@aardvark.ucs.uoknor.edu /\ Callison@uokmax.ecn.uoknor.edu
- constellation!biglaw!callison@mailhost.ecn.uoknor.edu
- DISCLAIMER: I'm not an engineer, but I play one at work...
- When asked why he had freed a killer and hung a horse thief, Judge
- Roy Bean replied, "In Texas, we got men that need killin', but we
- ain't got any horses that need stealin'."
-
-
-