Update on this old thread:
1. This just came up in class and a student accused me of "blaming the victim." I spent 20 wasted minutes explaining something that the other 10 students in the class already intuitively grasped.
2. I just talked with one of the attorneys involved with this case last weekend.
Sure as Hell, this guy was not in any way interested in violence or confrontation. He was looking for an easy score. When he saw the homeowner actually home and awake, he panicked.
This was NOT a planned home invasion. No violence was planned pr even remotely in preparation. This was a totally non-violent type who panicked under surprise (He didn't think anyone was home) stress, adrenaline and the influence of Meth.
The ONLY reason those three people aren't alive today is because they failed to lock their door. The perp had tried three houses before and they were LOCKED, and he moved on. He took the first unlocked door.
Your failure to take the most obvious and basic of security measures gives you some measure of liability to an otherwise innocuous, unsuccessful attempt to break into your home to steal stuff.
The bad guy is at FAULT. But YOU made the situation possible through either stupidity or sheer bloodymindedness.
If these people had locked their door, he would have moved on to the next house. This we know because he'd already done it. Does that mean they deserved to be killed? Of COURSE NOT!
It simply means that they share some measure of responsibility for a tragedy that was NEEDLESS of they had simply taken basic security precautions.
Failure to act as though you live in the real world gives you some measure of liability. This has long been enshrined into civil law, for instance, in cases where when you knew there was a specific threat, you FAILED TO MITIGATE YOUR DAMAGES. This is a valid defense in civil cases and has been for a very long time.
What the victims in this case (and you notice I don't hesitate to use the word "victim," did was fail to mitigate their danger.
So please folks, lock your doors, especially when you are at home. Having your stuff stolen when you're away sucks, but stuff can be replaced. Your life cannot.