Asked by Andy Blackwell Uncategorized
What are some states that the homeowner can use deadly force?
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Asked in Law & Legal Issues
When is it legal to use deadly force when protecting your home?
It depends on where you are. For instance, in the U.S. not every state has the exact same laws. A very basic rundown is: in some states, a homeowner can use deadly force once an intruder has entered the dwelling. In some states, a homeowner can use deadly force before the intruder is in the house as long as they osee a threat and are on the property. In some states, the homeowner cannot use deadly force unless the intruder has a weapon.
Asked in Self-Defense
When is it appropriate to use deadly force in self defense?
If you're trained in self-defence methods - you should be capable of incapacitating an attacker without ending their life. Nearly all states allow some use of deadly force to protect yourself inside your home, based on the "Castle Doctrine." In some areas, many people still have a "duty to retreat" if possible against an attacker outside their home. But some states have expanded their laws to boost those protections in other areas. As a homeowner and/or resident in the United States, it's important to know the law in your state. So educate yourself.
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Asked in Law & Legal Issues
If someone broke in to your house can you murder them?
It depends on a couple of things, where you are, and your definition of murder. In some U.S. states, you can use legally deadly force against someone breaking into your home even if the person isn't armed, if you are in the house as it happens. In some states you can't use deadly force if the person isn't armed. However, if someone broke into your home, stole things, then left, you cannot go find them and kill them. That would be considered murder.
Asked in Insurance, Criminal Law
If a crime happens in your home and a victim is hurt can the homeowner be sued?
Asked in Insurance, Homeowner's Insurance
Does homeowner insurance cover slip and fall on sidewalk?
It depends on several factors. First if the person who fell is a resident of the home then it doesn't. It has to be due to some negligence of the homeowner. Second is the sidewalk on the property of the homeowner or of the city or county in the right of way of the street. Thirdly, was the homeowner negligent in some way?
Asked in Police and Law Enforcement, Crime
When can a police officer use deadly force with a knife?
Once an officer can justify the need to use deadly force it doesn't matter what means he uses. It could be Baton, butter knife or running you over with a vehicle. To justify deadly force the general standard is to protect himself or others from death or grievous bodily harm. There are many rules on deadly force and they can vary on department or state. For instance using a Baton above the nipples can be considered deadly force by some Departments. If you spray an officer with pepper spray he/she could be justified in using deadly force. Most department I know use a 1 + 1 theory of control. Using a scale of 1 to 10 with 1 being presence and 10 being Deadly force. An Officer is allowed to use at least one level above the level of force being exerted by a subject. For instance if you pull away from an Officer he/she can use a control hold or empty hand control. If it escalates and you attempt to strike an officer with a closed fist he can spray you with a chemical aerosol and so on. Of course each situation is different and it can go from 1 to 10 in a heartbeat.
Asked in Civil Lawsuits, Torts
Can a person breaking into a house sue the owner if that person gets injured?
If the injury is based on neglegence, no, but if the injury is by some specific intentional act of the homeowner, yes. To sue for injuries based on negligence, a plaintiff must prove that the homeowner had a duty of care to the burglar to provide a safe environment; that the homeowner breached that duty and that the burglar's injury was proximately caused by that breach of duty. Whether a duty of care exists is a matter of fairness and public policy and exists as a matter of law, not of fact. A homeowner does not owe a duty of care to a person illegally entering the house; therefore even if that person is injured by the homeowner's negligence, there is no liability because there was no duty of care. Never the less, a homeowner can be sued for certain intentional as opposed to negligent actions. The famous example is the so-called "spring-gun" situation. There the homeowner set up a rifle pointing right at the front door in such a way that anyone breaking in through the front door would set off the rifle and be shot dead or seriously wounded. The use of deadly force in that situation is excessive and the homeowner would be held liable.
Asked in Math and Arithmetic, The Moon
What is less than deadly force?
In general, "less than deadly force" or "less lethal" are terms that refer to use of force would not be normally expected to cause death or serious bodily injury. Some examples are tazers or stun guns, ammunition that uses some type of projectile that would not normally penetrate like a rubber bullet or a bean bag projectile, or pepper spray or mace. In very basic terms, it's force that would not be expected to kill a person.
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Asked in Police and Law Enforcement, US Army
What allows police officers to use deadly force against people who were using deadly force against an officer or another person?
When is it legal to use deadly force when you are protecting yourself from being harmed?
When you believe your life is in danger. * Loosely defined it means if a person has no means of escape or sanctuary (such as a locked room) they may take whatever action needed to prevent themselves and/or others from physical harm. In some states a homeowner shooting someone who breaks in would not be subject to charges, other states require that the intruder be armed in such a way as to present physical danger to the inhabitants. Whether or not it was necessary for an intended victim/victim to use "deadly force" is almost always decided by the physical evidence and circumstances of individual cases and not by the existing laws. Case in point, a New York taxi driver was recently given a 12 year sentence for running down a man who had robbed him at gun point. The premise being that the robber had already left the taxi and was no longer a threat therefore the driver had no reason to inflict bodily harm upon the perpetrator/victim.
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