Woman ask Shoots and Kills Intruder.......

[+and-then]

Martin obviously wasn't charged with any crime, though. And first degree murder is premeditated murder. Harsh charge for someone that:

1. Didn't plan to murder anyone.

2. Wasn't even in the room.

3. Most importantly, didn't murder anyone.

I would understand him being an accomplice to criminal manslaughter, as that is being involved in the situation of his buddy getting killed. But he didn't plan his buddies death.

I believe the rationale is that if Martin and his accomplice had not attempted the crime then Martin would not have been killed. Therefore his accomplice was complicit in Martin's death. Mean old world - apparently the accomplice made a poor career move also

[Michelle]

I was just now listening to a TV discussion concerning legal rights of a home-resident in such cases. It seem that USA laws are varied, complicated and in some cased quite confusing. It *is* possible to end up being charged with a criminal offence in some states for defending oneself... strange as that sounds. #6 which I highlighted in blue can in some cases turn the home resident into the criminal.

The following is the first Google item I came across. It seems that your home may not always be your castle to defend.

~~~ ... (excerpt) ...

When Does the Castle Doctrine of Self Defense Apply?

With regards to your home, some of the following conditions may have to be met before you can use the Castle Doctrine as a defense for use of force:

1. The intruder must be acting illegally,
2. The intruder must have forcefully or illegally entered the home,
3. You must believe the intruder intends to harm or kill you or another occupant,
4. You mustn't have provoked the intrusion or the force used by the intruder,
5. You must reasonably believe the intruder intends to commit a felony, or
6. You may be required to have made an attempt to flee, also known as the "duty to retreat".

In alls, cases, you must be in the home legally and in some manner, the intruder must be there illegally.

While some states have a "duty to retreat" clause, meaning you have to attempt to flee the perceived threat, others state you can "stand your ground" and that you have no such duty to flee in your own home. ... (snip) ...

Source

They cover all that in gun safety classes before you can get a carry permit. Tennessee is a stand your ground state.

[Michelle]

I believe the rationale is that if Martin and his accomplice had not attempted the crime then Martin would not have been killed. Therefore his accomplice was complicit in Martin's death. Mean old world - apparently the accomplice made a poor career move also

This is correct...it is considered 2nd degree murder.

[__Kratos__]

Wisconsin has been a stand your ground state for the last month. Now I just need someone to break in.

I'm also curious why anybody would break into a home with a german shepard inside. That's just all kinds of stupid. I've seen the police dogs in training sessions and I'd pee myself if I ever saw a ticked off shepard after me.

Edited January 6, 2012 by __Kratos__

[Princess Serenity]

Last night on Inside Edition, they showed the states with the Castle Law and Maryland happens to be one of them. So that's good. What it says exactly, I have no idea. I'll have to read it. If there was an intruder, I know where my dad's guns are. The bullets. I have no idea. Hopefully the sight of one will make the criminal think twice.

[rashore]

A lot of states have castle laws or have legal provisions not necessarily called castle laws. I think it's a good idea for everyone to know what their states laws are. Home invasion happens everywhere, and it happens often enough when someone is at home that it can be an issue.

A lot of people think it simply means "the threshold rule" If they cross the threshold and into the home, it's fair game. That is a misconception depending on the state.

And using a gun, that is something to be really aware of legally too. Gun laws can greatly vary from place to place.

[BlindMessiah]

The reason he's being charged with first degree murder, even though the death wasn't planned, any death involved in a premeditated felony is considered a premeditated murder. So due to the fact that the felony robbery was planned out, the death is tacked on to that premeditation.

[The Silver Thong]

The reason he's being charged with first degree murder, even though the death wasn't planned, any death involved in a premeditated felony is considered a premeditated murder. So due to the fact that the felony robbery was planned out, the death is tacked on to that premeditation.

[+and-then]

A lot of states have castle laws or have legal provisions not necessarily called castle laws. I think it's a good idea for everyone to know what their states laws are. Home invasion happens everywhere, and it happens often enough when someone is at home that it can be an issue.

A lot of people think it simply means "the threshold rule" If they cross the threshold and into the home, it's fair game. That is a misconception depending on the state.

And using a gun, that is something to be really aware of legally too. Gun laws can greatly vary from place to place.

I understand and agree with what you say but in the South we have an old saying: It's better to be judged by 12 than carried by 6.

[libstaK]

Last night on Inside Edition, they showed the states with the Castle Law and Maryland happens to be one of them. So that's good. What it says exactly, I have no idea. I'll have to read it. If there was an intruder, I know where my dad's guns are. The bullets. I have no idea. Hopefully the sight of one will make the criminal think twice.

That won't do Princess, never aim a gun at someone unless you are willing and prepared to pull the trigger.

- If they sense hesitation they could take it from you

- when they do they are gonna be really peeved that you threatened them

- they are then going to look for the bullets and they are going to find them

- if the gun is already loaded and you do not use it .... well you get the picture.

- If there is a gun in your home you should learn how to use it properly and safely an emergency situation is too late to realise you are as terrified of the weapon as you are the intruder.

That whole retreat part of the law is ridiculous if it applies, who is gonna safely believe they can get away from an intruder using speed or stealth - no way, I am sure most people would be way too panicked for that.

[Toadie]

Not sure about America but I believe in Australia if you use a weapon on an intruder I think only okay if the intruder is stronger then you.

[willowdreams]

Not sure about America but I believe in Australia if you use a weapon on an intruder I think only okay if the intruder is stronger then you.

How do you make that decision about if someone is stronger then you? By the time you determine if the person is stronger, then I am pretty sure that it is to late to take any real action other then trying to scream, provided your mouth is not already covered or you are not to injured or dead from figuring out if the person is stronger.

Little people can be wirey and tough, and if they are on drugs and you dont realize it, they can be even more stronger. Or if they just plain feel like they have nothing to lose, which they do if they are breaking into your home knowing most likely you are there, then they will be stronger for the sheer fact that they have a purpose in mind and their purpose is not going to be foiled by you

besides, a woman.. alone.. two men with knives..

yea, umm.. i know which is stronger

the properly used gun.

[rashore]

I gotta say.. If you don't know the safety of a gun, how to use a gun.. and are already comfortable with a gun... Leave the gun alone. LibstaK is right- don't ever pick up and point a gun at anything unless you mean full well to pull the trigger. A properly used gun can be very effective, as we have seen in the case of the OP article. A gun used improperly or handled by someone who isn't comfortable with it- that can be almost as bad as handing the intruder the gun in some cases.

I have a gun in my house, but it would be practically useless during a home invasion. It's a hunting rifle. By the time I got the keys, retrieved the gun, unlocked the trigger on the gun, retrieved the bullets from their location, and loaded the gun... I'd already be pounced. I have other weapons in my house in case of a home invasion.

[Toadie]

So you have weapons ready to go?

[Robbie333]

LINK

That poor woman! And that ass deserved it.

Perfect answer by the dispather. The woman defended herself and her children from a creep. Good job ma'am and end of story.

[rashore]

So you have weapons ready to go?

Yes I do. I lived in a big city where home invasion was almost a daily occurrence, and picked up the habit then. Since moving to the boonies I haven't shaken the habit.

[willowdreams]

So you have weapons ready to go?

heh I was born and raised in the mountains of WV. At the time when I was little *winces.. over 35 yrs ago* learning to use the bow and arrow was part of our elementary school classes.. Of course almost every family in town was a hunting family.

By the time I was school age I knew what to touch and not to touch and I could take a gun apart and clean it, put it back together, load it and shoot. (we had bales of hay stacked up with target images, all us kids were out there every few days shooting).

When my kids were little, we moved to a town called Congress Az, I would say it was a one horse town, but being called a one car town would make more since as it is a desert town, and mostly cacti, horses and prospectors lived there. The town store had a hitching post for the horses..

My kids by school age could take a gun apart, clean it and load it.

When you live in a place where guns are common, the best thing a parent can do is teach their kids correctly, because sometimes there is no avoiding it. We lived in a 31 foot airstream in the middle of the desert, having an UNLOADED gun would not have worked. (hey, would you believe the amount of drug traffic in those barren lands? SO the best we could do was 'teach teach and teach'.

I live in a capital town now.. no need for a gun, so far.. but if times get really bad here.. i would not have any issues with purchasing a gun for protection.

I can shoot a bow and arrow too as can my kids, though they would not do all that great in a home invasion unless somehow i managed to stab a man between the legs.. that MIGHT slow him down.. seems men are a LITTLE BIT sensitive in that area..