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SteveSund -> RE: Texas man cleared of killing suspected burglars (7/2/2008 10:06:38 AM)
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quote:
ORIGINAL: stamper_ben Here is the Castle Doctrine Law that this case is all about. There is no mention of night or day or dusk or dawn in it. Correct, but was this law mentioned by the Grand Jury? I don't see how it would apply in this situation, as it wouldn't apply if you were using lethal force in regards to someone else's property. It only applies if you are defending your own property. This law would protect him, though: quote:
"A person is justified in using deadly force against another to pervent the other who is fleeing after committing burglary, robbery, or theft during the nighttime, from escaping with the property and he reasonable believes that the property cannot be recovered by any other means; or, the use of force other than deadly force to protect or recover the property would expose him or another to a substantial risk of death or serious bodily injury. (Nighttime is defined as the period 30 minutes after sunset until 30 minutes before sunrise.)" Basically, the gist is that deadly force can be used for the protection and/or recovery of personal property even when the assumed burglar is running away - under two conditions: 1) it's "nighttime", or 2) if during the day, the use of non-deadly force would result in a substantial risk of death or serious injury #1 gives the safe-harbor right to protect property during the night, #2 gives the right to use deadly force to protect property, but is conditioned on the risk of serious personal injury to recover the property. I do want to point out the mistake in the analysis. Nighttime only applies in the case of theft, as the writers of this law used the word or between theft and robbery. The three crimes listed are distinct and theft is not as serious, which is probably why deadly force can only be used at night in that situation.
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