Justifiable Homicide?

[akulahawk]

Originally Posted by calexile

Interesting thread. How would the stereo theft scenario play out if it occurred in your own home while you were there ie forcible b&e of an occupied dwelling?

I ask because something similar happened in my small southern town not long after I moved here from CA. A homeowner woke up to find two guys in his garage trying to steal a boat motor. He shot and killed one of them, and wounded the other. The wounded intruder was charged with attempted burglary and second degree murder of his partner in crime. The homeowner was not charged because my new home state has the Castle Doctrine which exempts people from both criminal and civil prosecution in such circumstances.

California doesn't have B&E as a crime unto itself. Entry to an occupied dwelling for the purpose of committing another crime... Burglary. California also does not have the same type of Castle Doctrine as other states. It doesn't extend civil suit protection to justified shoots nor does it extend protection from prosecution, in a good shoot. If the DA still wants to prosecute... Be prepared to spend $$$$ to show you fall under the provisions of the penal code that allow for justifiable homicide.

[CCWInstructor]

Originally Posted by Markhb

Correct me if I am wrong, but after shooting someone, the first hurdle is the criminal court and the second is the civil court after shooting some poor person who has been out of work for 2 years and is just trying to feed his family. Da family will come after you.

That is normally what happens.

[Greentriple]

All I can say to these wonderful hypos is I hope you have a great lawyer and a lot of money because your precious stereo is going to be the most expensive thing you've ever paid for, regarless of whether you go to prison or win in civil court. Good luck.

[StinRey1973]

Originally Posted by Greentriple

All I can say to these wonderful hypos is I hope you have a great lawyer and a lot of money because your precious stereo is going to be the most expensive thing you've ever paid for, regarless of whether you go to prison or win in civil court. Good luck.

That is why the local PD here says, follow at a distance and tell them exactly where the robber is going, you may not get your stereo back, but he will get some time in Jail, and you will not have to hand over your CCW for shooting like Witter did.

[akulahawk]

Be a good witness. Have a pencil or pen and a small notebook in hand...

[calexile]

Originally Posted by akulahawk

California doesn't have B&E as a crime unto itself. Entry to an occupied dwelling for the purpose of committing another crime... Burglary. California also does not have the same type of Castle Doctrine as other states. It doesn't extend civil suit protection to justified shoots nor does it extend protection from prosecution, in a good shoot. If the DA still wants to prosecute... Be prepared to spend $$$$ to show you fall under the provisions of the penal code that allow for justifiable homicide.

Appreciate that info. Seems to go hand in hand with may issue ie completely up to discretion of local authorities. I wonder if home intruders are aware of this. Would seem like an unwise decision to break into an occupied dwelling in true Castle Doctrine states.

[Old Timer]

Originally Posted by libertarian

If you're a petite or disabled person, especially a female one, the disparity in size and/or capability is a big factor in determing what a 'reasonable person' would consider to be life-threatening, and the DA is going to take that into account. Which means you'd be able to get away with shooting in situations where an able-bodied male would not.

I agree. Disparity of size/health/age can be a viable defense when deadly force is used, even against an unarmed person. Case in point: A 72 year old disabled veteran in a wheel chair and weighing only 130 pounds shot and killed a 27 year old body builder weighing 240 pounds who attacked the vet using only his fists. Disparity of age, health, and strength mitigated in favor of the vet and the DA chose not to prosecute.

Just as an aside, judge's may only throw out guilty verdicts. They never overrule a jury acquittal.