MS - Homeowner Shoots Alleged Car Burglars

[M1911]

I can imagine it now. "Your honor, I defended my person and property in accordance with British Common Law as written in the year of our Lord 1492 and therefore I refuse to recognize the validity of these charges. I will be leaving now!" The judge responds "Yes, you will be leaving now. Bailiff!"

I guess you misunderstood me.

There is a great deal of precedent or case law on self defense. Not everything is in statute, and if you believe that statute is the be-all and end-all, then you are missing the point.

 

[terraformer]

I guess you misunderstood me.

There is a great deal of precedent or case law on self defense. Not everything is in statute, and if you believe that statute is the be-all and end-all, then you are missing the point.

I wasn't missing the point, I was having a little fun with it. I realize there are some things that are just givens in legal circles (like the definition of battery, which the state never defines). But I also know that if it isn't written down, it is up for interpretation and wranglings of said interpretation. Common Law is derived from British Common Law which is the root of Englands current legal system. Look how that is working out for them. I would prefer a) that all laws were narrowly constructed and in lieu of that, b) all exceptions spelled out clearly in the statutes.

Remember, these statutes and regulations are the codes by which we are supposed to live our lives. One should not have to carry with them a lawyer in their pocket. They should, theoretically at least, be able to spend a rainy weekend, read the MGLs, CMRs and USCs from cover to cover and know what they can and can't do. By that standard, protection of property by force is verboten for the reasons I posted way back when.

My whole point here is stating as black and white that one can use force to protect property is not being true to the morass of legal and pseudo legal web that sorta, kinda makes that statement true in practice. Someone here recently said something to the effect of all bets are off if they come in to his house. That's a really black and white thing to say in a world of grey. The best advice I can give anyone is to not need to defend yourself at all but if need be and it happens, call the cops right afterwards and report the crimes of the other guy, speak in verifiable facts only, call the lawyer next and then shut up if you ever get into a situation where you needed to defend yourself. And if you were defending something of yours, shut up and let the lawyer handle it. If you do speak, speak in facts. Don't give opinions and don't embellish anything. And for god sakes, leave the bravado for the bedroom.

 

[Bogview]

There have been several in Texas. Not long ago, a guy saw two men breaking into the neighbors house. As they were exiting with a tv set, he warned them and then nailed both of them.

Nothing but appreciation was brought upon the good neighbor.