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Old 25-03-2004, 08:58   #14
dr wadd
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Re: Should there be a right of unlimited defence of your property?

Quote:
Originally Posted by Pierre
Now I am not advocating a law that gives you unlimited power to defend your home BUT if someone does enter your home and you tackle this intruder. If the resultant investigation proved that he was there uninvited to rob/kill or rape you. Then you should not be charged with anything.
I`m sorry, but that is utter BS, just because someone has entered your home with malicious intent you do not have the carte blanche right to inflict whatever injuries on them you want.

Consider this scenario, someone breaks in to my home with the intent to steal or cause harm. I happen to have a shotgun to hand for legitimate purposes. I confront the intruder. There are now various options open to me, but lets just consider two. I could aim the shotgun at the intruder's leg, put them down and then kill the police. The other option is to aim the shotgun at their chest and put them down permanently.

Are you honestly saying that in this situation, where there is a non-lethal alternative available, there should be no charges brought against me if I choose to use the lethal option?

The use of excessive force in self-defence, and obviously the definition of excessive will vary for each individual case, should be treated as a criminal act if the person involved elected not to use a lesser, though still effective, form of defence.
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