No "Innocent until proven guilty" for homeowners.

@ParaTed2k (22940)
Sheboygan, Wisconsin
September 5, 2011 7:52am CST
It's a complete shot at the concept of "innocent until proven guilty" if a homeowner has to justify why they shot an intruder. Think about it, the homeowner is considered guilty until they prove themselves innocent, but the state has to prove that the intruder is guilty of a crime. Another example of the irrationality of Firearmophobia.
2 people like this
6 responses
@Taskr36 (13963)
• United States
5 Sep 11
As someone who studied law, that's just the way it is with an affirmative defense. Some states, like Florida, have specific laws to protect homeowners who are merely defending themselves at home, but in most places, it's the same as any other self-defense shooting. You must prove it's self defense. Affirmative defense is where you basically admit you shot a person, so the prosecution's case is done. It then puts the burden on the defense to justify the shooting since the prosecution doesn't have to prove you shot someone anymore.Other affirmative defenses include things like insanity, mistaken identity, self-defense, etc. It's not limited to shooting a person either. A lawyer friend of mine used an affirmative defense for a client that was accused of theft when a store wouldn't exchange a defective product for him. After arguing with the store for weeks he walked in, put the defective product on the customer service desk, got a new one off the shelf, and stormed out telling them exactly what he was doing. As I said, some states like Florida have laws to protect homeowners. If your state doesn't have such laws, call your state congressman and state senators and push them to write and pass such legislation.
1 person likes this
@ParaTed2k (22940)
• Sheboygan, Wisconsin
5 Sep 11
What barely human bit of garbage decided that self defense is a crime in the first place?
@estherlou (5015)
• United States
5 Sep 11
I remember vaguely that this came up about 10 years ago or so in Texas. Everyone was talking about it. The end of it was that if you had to shoot an intruder on your property, you had better drag him into the house so you would be off the hook for protecting yourself. Sounds like you have no options any longer.
@bobmnu (8157)
• United States
6 Sep 11
More recently a man in Texas shot two intruders on his neighbors property because he felt they were going to do bodily harm to him and his property. He was not charged - Castle Law.
@estherlou (5015)
• United States
6 Sep 11
bobmnu...glad to hear it sometimes works out like it is supposed to!
@ParaTed2k (22940)
• Sheboygan, Wisconsin
5 Sep 11
That is what results from the total insanity that inflicts the minds of "law makers" in non Castle Law states.
@GardenGerty (160879)
• United States
5 Sep 11
Irrational and ironic as well. Just as if someone jumps your fence and drowns in your pool, it is your fault. It is hardly safe to be a homeowner anymore.
@ParaTed2k (22940)
• Sheboygan, Wisconsin
5 Sep 11
People who back such laws think that you have no right to prevent crime, only make the person pay for committing it.
@Lakota12 (42600)
• United States
5 Sep 11
am glad that I have lived in states that if someone has got on your property and in tend to harm you or your family you have the right to shoot them
@dragon54u (31634)
• United States
5 Sep 11
That never made sense to me. The premises belong to the homeowner or resident (in case of apartment, etc) and someone on the premises who doesn't live there should be under immediate suspicion. The laws seem to be on the criminals' side in so many cases but protecting where we live and raise our families should not be one of them. Arizona and a couple other states have a "castle law" that assumes you have a right to protect your home with deadly force if need be. All states should have that. If a person breaks into your home it's a good indication that they would not mind taking your life.
@ParaTed2k (22940)
• Sheboygan, Wisconsin
5 Sep 11
Yup, there is a Castle Law bill in the Wisconsin legislature now that is sure to pass!
@Taskr36 (13963)
• United States
5 Sep 11
Well that's good to hear, the more Castle Laws the better. Nobody should EVER be in a position where they are afraid to defend their own homes.
@epicure35 (2814)
• United States
6 Sep 11
You are 100% correct. Unfortunately our government is intent on "disarming" its citizens in every possible way so that we cannot protect ourselves, our homes, our borders, anything of government intrusion that would violate the sanctity of our homes, our country, our lives. Perhaps it's not "irrationality" at work, but deliberate weakening of any rational self defense position of "we the people" of a once free nation so that government strongarming and control of citizens can be facilitated.