[SEL] Thieves

[Judge Tommy Turner]

Mike,
	The Castle law states you have the right to use deadly force if
you feel your life is in danger.  The Castle law doesn't apply if you
merely think someone might steal something.  But, this is where the big
gray area comes in.  Someone might feel there life is in danger if they
merely see a stranger on their property.  Others may not feel their life
is in danger until someone pulls a knife or gun.  It gives the
prosecutors and defense a lot to challenge on both sides and if anyone
can tell me how a jury knows what the person actually "feels" we'll
write a book and make millions.

	In the case in my county, the lady didn't have a gun or knife
but had access to them in the home.  The gent, who did have a gun,
stated he felt his life was in immanent danger as she would get a gun or
knife and try to kill him.  ?????  This trial will last a while I'm sure
and will end up before the Supreme Court in some form or fashion to
determine the validity of the law.  If he wins the question is asked "is
the law too broad as simply feeling threatened will allow any homeowner
to kill anyone who enters there property" (I sure hope I don't run out
of gas in front of that person's house and walk up to it to find out
where the nearest station is).  If he looses the challenge will be "the
law states he has the right to use deadly force if he feels his life is
threatened and in this case he did".

	Perfect fodder for the courts!

Tommy Turner
Magnolia, KY



-----Original Message-----
From: sel-bounces at lists.stationary-engine.com
[mailto:sel-bounces at lists.stationary-engine.com] On Behalf Of Michael
Tucker
Sent: Friday, May 22, 2009 8:04 AM
To: The SEL email discussion list
Subject: Re: [SEL] Thieves

Judge Tommy Turner wrote:
> You're correct Steve.  Its referred to as the "Castle Law" (your home
is
> you Castle and you have the right to defend it). 

Judge Turner,

Are you saying that according to the Castle Law, as it currently stands,

if someone is stealing stuff from your house you can use deadly force 
against them even if they do not directly threaten you?  If so, does 
that include if they are stealing stuff from your barn?

Just Curious,
Mike
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