Bells:
Speaking as a red-blooded, blue-votin', gun totin' lunatic liberal - okay, sorry, bad Xev, no alliteration - I take offense.
A person who knows and respects their weapon does not ever, ever use it lightly.
Just had to, you know, get all "my cold dead fingers".
Nasor:
Nor would I.
Two problems -
First, I don't think that intent to rob necessarily implies intent to kill. More likely the opposite - most robbers just want to take what they can and get out. In all liklihood, they did not expect you to be there. Also likely, they are not armed, since they'd generally have pawned the gun for cash. So assuming murderous intent is not quite warrented.
It may be great for the genepool if we allowed people to simply shoot incompetant robbers, I think the ancient Spartans had simular regulations, but it doesn't fit our accepted judicial standards.
Most importantly, intent to rob is not necessarily clear-cut. Oh certainly, there is no innocent explanation for a masked gentleman to remove your stereo system at three am in the morning, but as Bells pointed out, it is not wise to assume that a seeming intruder is necessarily an intruder, let alone a robber.
We crack down on people who use excessive force against robbers, in part because we understand this possibility. Deterrence is a major part of the law...or ought to be.
Second, which is somewhat beyond the point, but confronting a possibly dangerous person, who may have a gun, when you do not absolutely have to, is really, really fucking stupid.
But this is a rare scenerio to begin with, and I doubt statistics would signify much. As you point out, it's a personal judgement call.
My instincts are also to side with the homeowner. Most innocuous people would recognize their being innocuous, and explain their presence. Furthermore, I don't think a robber has a reasonable right to expect calm treatment - he made the decision to take up that line of work, dumbass gets shot, too bad for him.
However, I am also NOT in favor of hysterical shitheads shooting thier roomate's boyfriends because they panic at the sight of a strange male. This must also be considered.
Had he been a gun toting lunatic, he would have grabbed his gun and aimed for the door as soon as the guy had started pounding on it, thereby shooting the innocent neighbour.
Speaking as a red-blooded, blue-votin', gun totin' lunatic liberal - okay, sorry, bad Xev, no alliteration - I take offense.
A person who knows and respects their weapon does not ever, ever use it lightly.
Just had to, you know, get all "my cold dead fingers".
Nasor:
I wouldn’t have a problem with the law coming down hard on people who mistakenly shoot innocent people.
Nor would I.
I admit that I spoke a bit hastily in my original post, so I’ll amend my position: I think that in most cases simply finding a robber in your house is sufficient in itself to justify both an assumption that your life is in danger and the accompanying use of deadly force.
Two problems -
First, I don't think that intent to rob necessarily implies intent to kill. More likely the opposite - most robbers just want to take what they can and get out. In all liklihood, they did not expect you to be there. Also likely, they are not armed, since they'd generally have pawned the gun for cash. So assuming murderous intent is not quite warrented.
It may be great for the genepool if we allowed people to simply shoot incompetant robbers, I think the ancient Spartans had simular regulations, but it doesn't fit our accepted judicial standards.
Most importantly, intent to rob is not necessarily clear-cut. Oh certainly, there is no innocent explanation for a masked gentleman to remove your stereo system at three am in the morning, but as Bells pointed out, it is not wise to assume that a seeming intruder is necessarily an intruder, let alone a robber.
We crack down on people who use excessive force against robbers, in part because we understand this possibility. Deterrence is a major part of the law...or ought to be.
Second, which is somewhat beyond the point, but confronting a possibly dangerous person, who may have a gun, when you do not absolutely have to, is really, really fucking stupid.
I’ll leave it up to you to decide for yourself what sort of evidence you require to have a high level of certainty that the intruder is actually a criminal rather than an employee of the gas company. Frankly, in most cases I don't think it would be a very difficult call to make.
But this is a rare scenerio to begin with, and I doubt statistics would signify much. As you point out, it's a personal judgement call.
My instincts are also to side with the homeowner. Most innocuous people would recognize their being innocuous, and explain their presence. Furthermore, I don't think a robber has a reasonable right to expect calm treatment - he made the decision to take up that line of work, dumbass gets shot, too bad for him.
However, I am also NOT in favor of hysterical shitheads shooting thier roomate's boyfriends because they panic at the sight of a strange male. This must also be considered.