3 Teens invade home. Shot dead with ar15

[MikeK]

how can you debate this.....the homeowner's son had ever right to open fire.....what i that saying...better to be judged by 12 than carried by 6

Shooting an intruder in your home is vastly different from shooting someone who is breaking into a car while you are not in it.

 

[airplanemechanic]

[...]

I'm glad you have a doctorate, but just like a good mechanic, a good prof will admit they don't know every law in every state. Just like a good mechanic would never say he knows everything about every machine on the planet.

Louisiana, as I happen to know because I live here, considers a vehicle an extension of the home. Just like you can shoot to kill someone breaking into your home, you can shoot to kill someone breaking into your car.

[...]

The deliberate use of lethal force in every state is permitted only in defense of the person, not property. If you shoot someone who is breaking into your car you will be justified only if you are inside the car at the time -- or if you are attacked by the offender upon your discovery.

If you believe otherwise you have been misled. If you shoot someone who is breaking into your car while you are not in the car, and if you get away with it, it will be because the police or the jury has chosen to act on a prejudice and ignore the specifics of the Law.

The Professor knows what he's talking about. You don't.

Wrong. I presented facts with a link to back it up.

I know what I'm talking about. Prof doesn't.

Can you present any facts backing up what you say or all you have is "you're wrong?"

Like my link said, in Louisiana, the car is an extension of the home. If on your property, you have a right to defend your property. Prove that's not true with facts and links specific to Louisiana. You can't.

 

[airplanemechanic]

I shot at a white guy trying to break into my car but other than that no issues. Probably my pitbulls deter anyone as a first line of defense.

You're lucky you didn't kill the guy. In every jurisdiction, the use of deadly force is only allowed when - at the time such force is used – a person reasonable believes that it is necessary to avoid death or serious bodily injury to himself or an innocent third party. If you had killed the man your only hope would have been for jury nullification. Had you been prosecuted for killing the man and had the jury followed the judge's instructions you would be doing some serious prison time. Additionally, the family members of the deceased would have sued you civilly and you would have no defense.

A personal note to everyone on USMB: Never shoot at a person unless you have a reasonable fear of death or serious bodily injury. If you do, be ready to face the consequences. Shooting someone who is trying to break into you car will get you a stiff prison sentence unless you are in the car at the time.

I have a JD (Juris Doctorate) and know what I am talking about. However, if you have any doubt about what I say at least check it out. You should intuitively know that taking a man's life is as serious as it gets and if you do not have a legitimate, lawful, reason you are in deep trouble. You should at least question whether it is right to take a man's life just to protect personal property. You need to know when deadly force is allowed and when it is not. When you kill a man your personal sense of justice is immaterial. The only thing that matter is the law.

You should sue your law school for malpractice. You apparently don't know the laws.

I have a JD (Juris Doctorate) and I know the law well. My law school (University of Florida) has had many distinguished graduates and I passed the Bar on my first attempt so they must be doing something right. You do not know the law and you believe that it is lawful to shoot a man who is trying to break into your unoccupied vehicle. You are wrong, dangerously wrong. I will not ask you to cite a source to support your claim because I know there are no legitimate sources that agree with you I have written over a dozen legal articles on USMB and generally have cited sources. I didn't do it this time because it is easy for anyone to verify what I said. You could check with anyone in law enforcement and they will tell you the same thing.

Conclusion: There is no legitimate basis for your criticism. I strongly suggest that you know exactly what the laws says before you try to kill a man. I know the law and if you kill a man to keep him from breaking into your unoccupied vehicle you will do serious prison time. The laws of some states allow a person to use reasonably force to protect personal property or recover stolen property but these laws specifically forbid the use of deadly force.

I have done my best to inform you and the rest is up to you. You can have the last word. I'm outta here.

I'm glad you have a doctorate, but just like a good mechanic, a good prof will admit they don't know every law in every state. Just like a good mechanic would never say he knows everything about every machine on the planet.

Louisiana, as I happen to know because I live here, considers a vehicle an extension of the home. Just like you can shoot to kill someone breaking into your home, you can shoot to kill someone breaking into your car.

Mr Professor, I highly advise you look up Louisiana's stand your ground and castle doctrines. Maybe you'll learn something.

Understanding Louisiana's Stand-Your-Ground and Castle Laws

Long before Louisiana took steps to enact its own stand your ground laws in 2006, it had in place strict "castle laws." These statutes allow any Louisianian to use force, deadly or otherwise, to protect oneself on his or her property, or "castle." The protection is applicable to both one's home and car.

There is absolutely no provision that says that you must be occupying your car on your property in order to use deadly force.

I hate when someone uses some piece of paper given to them by a college or university to claim they know everything. I have multiple college degrees and I'm not stupid enough to use that to shove in peoples faces and think I know everything.

Now take your doctorate and go learn something.

I do know the laws in every state relative to the use of deadly force including the Castle Doctrine laws in Louisiana. Unfortunately you do not and you erroneously believe you can kill a man who is trying to break into your UNOCCUPIED vehicle. Since you obviously have not read the laws of your state, here they are (highlights are my own):

§20. Justifiable homicide

A. A homicide is justifiable:

(1) When committed in self-defense by one who reasonably believes that he is in imminent danger of losing his life or receiving great bodily harm and that the killing is necessary to save himself from that danger.

(2) When committed for the purpose of preventing a violent or forcible felony involving danger to life or of great bodily harm by one who reasonably believes that such an offense is about to be committed and that such action is necessary for its prevention. The circumstances must be sufficient to excite the fear of a reasonable person that there would be serious danger to his own life or person if he attempted to prevent the felony without the killing.

(3) When committed against a person whom one reasonably believes to be likely to use any unlawful force against a person present in a dwelling or a place of business, or when committed against a person whom one reasonably believes is attempting to use any unlawful force against a person present in a motor vehicle as defined in R.S. 32:1(40), while committing or attempting to commit a burglary or robbery of such dwelling, business, or motor vehicle.

(4)(a) When committed by a person lawfully inside a dwelling, a place of business, or a motor vehicle as defined in R.S. 32:1(40) when the conflict began, against a person who is attempting to make an unlawful entry into the dwelling, place of business, or motor vehicle, or who has made an unlawful entry into the dwelling, place of business, or motor vehicle, and the person committing the homicide reasonably believes that the use of deadly force is necessary to prevent the entry or to compel the intruder to leave the dwelling, place of business, or motor vehicle.

(b) The provisions of this Paragraph shall not apply when the person committing the homicide is engaged, at the time of the homicide, in the acquisition of, the distribution of, or possession of, with intent to distribute a controlled dangerous substance in violation of the provisions of the Uniform Controlled Dangerous Substances Law.

B. For the purposes of this Section, there shall be a presumption that a person lawfully inside a dwelling, place of business, or motor vehicle held a reasonable belief that the use of deadly force was necessary to prevent unlawful entry thereto, or to compel an unlawful intruder to leave the dwelling, place of business, or motor vehicle when the conflict began, if both of the following occur:

Louisiana State Legislature

According to the laws of YOUR state and every other state, one can use deadly force to prevent someone from attempting to enter a dwelling or vehicle only if the person is occupying the dwelling or vehicle at the time.

Damn, you guys think you know the law and haven't even bothered to read it . Everything I said was right; however if anyone believes me wrong all you have to do is present a State statute that contradicts me. Don't even bother trying.

Once again kiddies: If you kill a man who is trying to break into your UNOCCUPIED vehicle, you will be going to prison no matter where you live. Now, I am done with the lot of all you wannabe lawyers.

You're only looking at one part.

• Any person "who is in a place where he or she has a right," including a public space, does not have an obligation "to retreat" if faced with a real or perceived threat and "may stand his or her ground and meet force with force."

Since I would have a right to be there, if someone is breaking into my vehicle and I approach and they do anything but retreat, deadly force is allowed. I don't have to be in the vehicle because I have a right to be there.

Dude, I've had the education of actually talking to state police, local police, sheriffs, etc. Especially on my own property, but in Louisiana, anywhere I have a right to be, I do not have to retreat. If they are breaking into my car I can approach them with guns drawn and tell them to leave immediately. If they so much as turn to face me, that's a threat to my life on my own property, and its a double tap to center mass. If they run away, I can't shoot them in the back, but a robber facing me on my property? Nobody is going to jail for that. No DA wants his name all over the news going after someone defending their property How do I know? I've talked to DA's, and all the cops for the past 20 years I've been a member of the NRA and self defense counsels.

I can't speak for any other state, but my state, I know very well what we can do. I had to pass a concealed carry class, and several of the questions pertained to the use of self defense. Talking to the people who would actually arrest you and prosecute you is a better way to understand the laws of your state than reading links online.

 

[tycho1572]

This elderly guy managed to get 1 out of 3....

"“I just hate to meet his mother because it was a teen. And there's nothing as precious to a mom as a son. And you know what's been happening to black boys today. For another black man to shoot one don't look good. But like I say, I had no choice,” Croft said matter-of-factly."

Vid in link:
Center Point home invasion victim: 'I hate that boy dead, but I don't hate I shot him'

 

[tycho1572]

These stories highlight the importance of law abiding citizens having the right to own a gun.

 

[airplanemechanic]

On ABC news they said "investigators are looking into whether the "stand your ground" law applied here. Um, they broke into his home, that's the ONE place stand your ground is valid in every state that it's a law.

 

[2aguy]

On ABC news they said "investigators are looking into whether the "stand your ground" law applied here. Um, they broke into his home, that's the ONE place stand your ground is valid in every state that it's a law.

Actuall...in your home it would be the Castle Doctrine.....Stand your Ground laws cover you when you are outside of your home and in public.

 

[Admiral Rockwell Tory]

I shot at a white guy trying to break into my car but other than that no issues. Probably my pitbulls deter anyone as a first line of defense.

You're lucky you didn't kill the guy. In every jurisdiction, the use of deadly force is only allowed when - at the time such force is used – a person reasonable believes that it is necessary to avoid death or serious bodily injury to himself or an innocent third party. If you had killed the man your only hope would have been for jury nullification. Had you been prosecuted for killing the man and had the jury followed the judge's instructions you would be doing some serious prison time. Additionally, the family members of the deceased would have sued you civilly and you would have no defense.

A personal note to everyone on USMB: Never shoot at a person unless you have a reasonable fear of death or serious bodily injury. If you do, be ready to face the consequences. Shooting someone who is trying to break into you car will get you a stiff prison sentence unless you are in the car at the time.

I have a JD (Juris Doctorate) and know what I am talking about. However, if you have any doubt about what I say at least check it out. You should intuitively know that taking a man's life is as serious as it gets and if you do not have a legitimate, lawful, reason you are in deep trouble. You should at least question whether it is right to take a man's life just to protect personal property. You need to know when deadly force is allowed and when it is not. When you kill a man your personal sense of justice is immaterial. The only thing that matter is the law.

You should sue your law school for malpractice. You apparently don't know the laws.

I have a JD (Juris Doctorate) and I know the law well. My law school (University of Florida) has had many distinguished graduates and I passed the Bar on my first attempt so they must be doing something right. You do not know the law and you believe that it is lawful to shoot a man who is trying to break into your unoccupied vehicle. You are wrong, dangerously wrong. I will not ask you to cite a source to support your claim because I know there are no legitimate sources that agree with you I have written over a dozen legal articles on USMB and generally have cited sources. I didn't do it this time because it is easy for anyone to verify what I said. You could check with anyone in law enforcement and they will tell you the same thing.

Conclusion: There is no legitimate basis for your criticism. I strongly suggest that you know exactly what the laws says before you try to kill a man. I know the law and if you kill a man to keep him from breaking into your unoccupied vehicle you will do serious prison time. The laws of some states allow a person to use reasonably force to protect personal property or recover stolen property but these laws specifically forbid the use of deadly force.

I have done my best to inform you and the rest is up to you. You can have the last word. I'm outta here.

I'm glad you have a doctorate, but just like a good mechanic, a good prof will admit they don't know every law in every state. Just like a good mechanic would never say he knows everything about every machine on the planet.

Louisiana, as I happen to know because I live here, considers a vehicle an extension of the home. Just like you can shoot to kill someone breaking into your home, you can shoot to kill someone breaking into your car.

Mr Professor, I highly advise you look up Louisiana's stand your ground and castle doctrines. Maybe you'll learn something.

Understanding Louisiana's Stand-Your-Ground and Castle Laws

Long before Louisiana took steps to enact its own stand your ground laws in 2006, it had in place strict "castle laws." These statutes allow any Louisianian to use force, deadly or otherwise, to protect oneself on his or her property, or "castle." The protection is applicable to both one's home and car.

There is absolutely no provision that says that you must be occupying your car on your property in order to use deadly force.

I hate when someone uses some piece of paper given to them by a college or university to claim they know everything. I have multiple college degrees and I'm not stupid enough to use that to shove in peoples faces and think I know everything.

Now take your doctorate and go learn something.

I do know the laws in every state relative to the use of deadly force including the Castle Doctrine laws in Louisiana. Unfortunately you do not and you erroneously believe you can kill a man who is trying to break into your UNOCCUPIED vehicle. Since you obviously have not read the laws of your state, here they are (highlights are my own):

§20. Justifiable homicide

A. A homicide is justifiable:

(1) When committed in self-defense by one who reasonably believes that he is in imminent danger of losing his life or receiving great bodily harm and that the killing is necessary to save himself from that danger.

(2) When committed for the purpose of preventing a violent or forcible felony involving danger to life or of great bodily harm by one who reasonably believes that such an offense is about to be committed and that such action is necessary for its prevention. The circumstances must be sufficient to excite the fear of a reasonable person that there would be serious danger to his own life or person if he attempted to prevent the felony without the killing.

(3) When committed against a person whom one reasonably believes to be likely to use any unlawful force against a person present in a dwelling or a place of business, or when committed against a person whom one reasonably believes is attempting to use any unlawful force against a person present in a motor vehicle as defined in R.S. 32:1(40), while committing or attempting to commit a burglary or robbery of such dwelling, business, or motor vehicle.

(4)(a) When committed by a person lawfully inside a dwelling, a place of business, or a motor vehicle as defined in R.S. 32:1(40) when the conflict began, against a person who is attempting to make an unlawful entry into the dwelling, place of business, or motor vehicle, or who has made an unlawful entry into the dwelling, place of business, or motor vehicle, and the person committing the homicide reasonably believes that the use of deadly force is necessary to prevent the entry or to compel the intruder to leave the dwelling, place of business, or motor vehicle.

(b) The provisions of this Paragraph shall not apply when the person committing the homicide is engaged, at the time of the homicide, in the acquisition of, the distribution of, or possession of, with intent to distribute a controlled dangerous substance in violation of the provisions of the Uniform Controlled Dangerous Substances Law.

B. For the purposes of this Section, there shall be a presumption that a person lawfully inside a dwelling, place of business, or motor vehicle held a reasonable belief that the use of deadly force was necessary to prevent unlawful entry thereto, or to compel an unlawful intruder to leave the dwelling, place of business, or motor vehicle when the conflict began, if both of the following occur:

Louisiana State Legislature

According to the laws of YOUR state and every other state, one can use deadly force to prevent someone from attempting to enter a dwelling or vehicle only if the person is occupying the dwelling or vehicle at the time.

Damn, you guys think you know the law and haven't even bothered to read it . Everything I said was right; however if anyone believes me wrong all you have to do is present a State statute that contradicts me. Don't even bother trying.

Once again kiddies: If you kill a man who is trying to break into your UNOCCUPIED vehicle, you will be going to prison no matter where you live. Now, I am done with the lot of all you wannabe lawyers.

For a professor, you have horrible reading comprehension skills, I never said what you claim

The University of Florida explains that!

Have a nice day!

War Eagle!


.

 

[The Professor]

You're lucky you didn't kill the guy. In every jurisdiction, the use of deadly force is only allowed when - at the time such force is used – a person reasonable believes that it is necessary to avoid death or serious bodily injury to himself or an innocent third party. If you had killed the man your only hope would have been for jury nullification. Had you been prosecuted for killing the man and had the jury followed the judge's instructions you would be doing some serious prison time. Additionally, the family members of the deceased would have sued you civilly and you would have no defense.

A personal note to everyone on USMB: Never shoot at a person unless you have a reasonable fear of death or serious bodily injury. If you do, be ready to face the consequences. Shooting someone who is trying to break into you car will get you a stiff prison sentence unless you are in the car at the time.

I have a JD (Juris Doctorate) and know what I am talking about. However, if you have any doubt about what I say at least check it out. You should intuitively know that taking a man's life is as serious as it gets and if you do not have a legitimate, lawful, reason you are in deep trouble. You should at least question whether it is right to take a man's life just to protect personal property. You need to know when deadly force is allowed and when it is not. When you kill a man your personal sense of justice is immaterial. The only thing that matter is the law.

You should sue your law school for malpractice. You apparently don't know the laws.

I have a JD (Juris Doctorate) and I know the law well. My law school (University of Florida) has had many distinguished graduates and I passed the Bar on my first attempt so they must be doing something right. You do not know the law and you believe that it is lawful to shoot a man who is trying to break into your unoccupied vehicle. You are wrong, dangerously wrong. I will not ask you to cite a source to support your claim because I know there are no legitimate sources that agree with you I have written over a dozen legal articles on USMB and generally have cited sources. I didn't do it this time because it is easy for anyone to verify what I said. You could check with anyone in law enforcement and they will tell you the same thing.

Conclusion: There is no legitimate basis for your criticism. I strongly suggest that you know exactly what the laws says before you try to kill a man. I know the law and if you kill a man to keep him from breaking into your unoccupied vehicle you will do serious prison time. The laws of some states allow a person to use reasonably force to protect personal property or recover stolen property but these laws specifically forbid the use of deadly force.

I have done my best to inform you and the rest is up to you. You can have the last word. I'm outta here.

I'm glad you have a doctorate, but just like a good mechanic, a good prof will admit they don't know every law in every state. Just like a good mechanic would never say he knows everything about every machine on the planet.

Louisiana, as I happen to know because I live here, considers a vehicle an extension of the home. Just like you can shoot to kill someone breaking into your home, you can shoot to kill someone breaking into your car.

Mr Professor, I highly advise you look up Louisiana's stand your ground and castle doctrines. Maybe you'll learn something.

Understanding Louisiana's Stand-Your-Ground and Castle Laws

Long before Louisiana took steps to enact its own stand your ground laws in 2006, it had in place strict "castle laws." These statutes allow any Louisianian to use force, deadly or otherwise, to protect oneself on his or her property, or "castle." The protection is applicable to both one's home and car.

There is absolutely no provision that says that you must be occupying your car on your property in order to use deadly force.

I hate when someone uses some piece of paper given to them by a college or university to claim they know everything. I have multiple college degrees and I'm not stupid enough to use that to shove in peoples faces and think I know everything.

Now take your doctorate and go learn something.

I do know the laws in every state relative to the use of deadly force including the Castle Doctrine laws in Louisiana. Unfortunately you do not and you erroneously believe you can kill a man who is trying to break into your UNOCCUPIED vehicle. Since you obviously have not read the laws of your state, here they are (highlights are my own):

§20. Justifiable homicide

A. A homicide is justifiable:

(1) When committed in self-defense by one who reasonably believes that he is in imminent danger of losing his life or receiving great bodily harm and that the killing is necessary to save himself from that danger.

(2) When committed for the purpose of preventing a violent or forcible felony involving danger to life or of great bodily harm by one who reasonably believes that such an offense is about to be committed and that such action is necessary for its prevention. The circumstances must be sufficient to excite the fear of a reasonable person that there would be serious danger to his own life or person if he attempted to prevent the felony without the killing.

(3) When committed against a person whom one reasonably believes to be likely to use any unlawful force against a person present in a dwelling or a place of business, or when committed against a person whom one reasonably believes is attempting to use any unlawful force against a person present in a motor vehicle as defined in R.S. 32:1(40), while committing or attempting to commit a burglary or robbery of such dwelling, business, or motor vehicle.

(4)(a) When committed by a person lawfully inside a dwelling, a place of business, or a motor vehicle as defined in R.S. 32:1(40) when the conflict began, against a person who is attempting to make an unlawful entry into the dwelling, place of business, or motor vehicle, or who has made an unlawful entry into the dwelling, place of business, or motor vehicle, and the person committing the homicide reasonably believes that the use of deadly force is necessary to prevent the entry or to compel the intruder to leave the dwelling, place of business, or motor vehicle.

(b) The provisions of this Paragraph shall not apply when the person committing the homicide is engaged, at the time of the homicide, in the acquisition of, the distribution of, or possession of, with intent to distribute a controlled dangerous substance in violation of the provisions of the Uniform Controlled Dangerous Substances Law.

B. For the purposes of this Section, there shall be a presumption that a person lawfully inside a dwelling, place of business, or motor vehicle held a reasonable belief that the use of deadly force was necessary to prevent unlawful entry thereto, or to compel an unlawful intruder to leave the dwelling, place of business, or motor vehicle when the conflict began, if both of the following occur:

Louisiana State Legislature

According to the laws of YOUR state and every other state, one can use deadly force to prevent someone from attempting to enter a dwelling or vehicle only if the person is occupying the dwelling or vehicle at the time.

Damn, you guys think you know the law and haven't even bothered to read it . Everything I said was right; however if anyone believes me wrong all you have to do is present a State statute that contradicts me. Don't even bother trying.

Once again kiddies: If you kill a man who is trying to break into your UNOCCUPIED vehicle, you will be going to prison no matter where you live. Now, I am done with the lot of all you wannabe lawyers.

For a professor, you have horrible reading comprehension skills, I never said what you claim

The University of Florida explains that!

Have a nice day!

War Eagle!


.

You are a very ignorant man/woman. If you had the reading ability and the mental capacity of the average 12-year old you would know the only issue I was talking about was using deadly force to prevent someone from breaking into an unoccupied vehicle. I said it was illegal and YOU claimed I did not know the law. Of course, I was right and you were wrong. There was nothing unusual about that since I am educated in the law and you are completely clueless.

Whatever you do for a living, don't even think about going to law school. You don't have what it takes.

The only thing you know is how to insult those who know a hell of a lot more than you do. Unfortunately even your insults lack creativity and intelligent thought.

I must apologize to you for one thing. I said you could have the last word and I reneged. I just couldn't
let you get away with your stupid and childish accusations. You need to grow up..

Now, my unenlightened child, you have the absolute freedom to engage in whatever foolish
diatribe you wish without fear of me further exposing you for the uneducated fool you are.

It's been fun. I really needed a laugh and you are - if nothing else - a very funny young man/woman. Have a good night.

 

[Admiral Rockwell Tory]

You should sue your law school for malpractice. You apparently don't know the laws.

I have a JD (Juris Doctorate) and I know the law well. My law school (University of Florida) has had many distinguished graduates and I passed the Bar on my first attempt so they must be doing something right. You do not know the law and you believe that it is lawful to shoot a man who is trying to break into your unoccupied vehicle. You are wrong, dangerously wrong. I will not ask you to cite a source to support your claim because I know there are no legitimate sources that agree with you I have written over a dozen legal articles on USMB and generally have cited sources. I didn't do it this time because it is easy for anyone to verify what I said. You could check with anyone in law enforcement and they will tell you the same thing.

Conclusion: There is no legitimate basis for your criticism. I strongly suggest that you know exactly what the laws says before you try to kill a man. I know the law and if you kill a man to keep him from breaking into your unoccupied vehicle you will do serious prison time. The laws of some states allow a person to use reasonably force to protect personal property or recover stolen property but these laws specifically forbid the use of deadly force.

I have done my best to inform you and the rest is up to you. You can have the last word. I'm outta here.

I'm glad you have a doctorate, but just like a good mechanic, a good prof will admit they don't know every law in every state. Just like a good mechanic would never say he knows everything about every machine on the planet.

Louisiana, as I happen to know because I live here, considers a vehicle an extension of the home. Just like you can shoot to kill someone breaking into your home, you can shoot to kill someone breaking into your car.

Mr Professor, I highly advise you look up Louisiana's stand your ground and castle doctrines. Maybe you'll learn something.

Understanding Louisiana's Stand-Your-Ground and Castle Laws

Long before Louisiana took steps to enact its own stand your ground laws in 2006, it had in place strict "castle laws." These statutes allow any Louisianian to use force, deadly or otherwise, to protect oneself on his or her property, or "castle." The protection is applicable to both one's home and car.

There is absolutely no provision that says that you must be occupying your car on your property in order to use deadly force.

I hate when someone uses some piece of paper given to them by a college or university to claim they know everything. I have multiple college degrees and I'm not stupid enough to use that to shove in peoples faces and think I know everything.

Now take your doctorate and go learn something.

I do know the laws in every state relative to the use of deadly force including the Castle Doctrine laws in Louisiana. Unfortunately you do not and you erroneously believe you can kill a man who is trying to break into your UNOCCUPIED vehicle. Since you obviously have not read the laws of your state, here they are (highlights are my own):

§20. Justifiable homicide

A. A homicide is justifiable:

(1) When committed in self-defense by one who reasonably believes that he is in imminent danger of losing his life or receiving great bodily harm and that the killing is necessary to save himself from that danger.

(2) When committed for the purpose of preventing a violent or forcible felony involving danger to life or of great bodily harm by one who reasonably believes that such an offense is about to be committed and that such action is necessary for its prevention. The circumstances must be sufficient to excite the fear of a reasonable person that there would be serious danger to his own life or person if he attempted to prevent the felony without the killing.

(3) When committed against a person whom one reasonably believes to be likely to use any unlawful force against a person present in a dwelling or a place of business, or when committed against a person whom one reasonably believes is attempting to use any unlawful force against a person present in a motor vehicle as defined in R.S. 32:1(40), while committing or attempting to commit a burglary or robbery of such dwelling, business, or motor vehicle.

(4)(a) When committed by a person lawfully inside a dwelling, a place of business, or a motor vehicle as defined in R.S. 32:1(40) when the conflict began, against a person who is attempting to make an unlawful entry into the dwelling, place of business, or motor vehicle, or who has made an unlawful entry into the dwelling, place of business, or motor vehicle, and the person committing the homicide reasonably believes that the use of deadly force is necessary to prevent the entry or to compel the intruder to leave the dwelling, place of business, or motor vehicle.

(b) The provisions of this Paragraph shall not apply when the person committing the homicide is engaged, at the time of the homicide, in the acquisition of, the distribution of, or possession of, with intent to distribute a controlled dangerous substance in violation of the provisions of the Uniform Controlled Dangerous Substances Law.

B. For the purposes of this Section, there shall be a presumption that a person lawfully inside a dwelling, place of business, or motor vehicle held a reasonable belief that the use of deadly force was necessary to prevent unlawful entry thereto, or to compel an unlawful intruder to leave the dwelling, place of business, or motor vehicle when the conflict began, if both of the following occur:

Louisiana State Legislature

According to the laws of YOUR state and every other state, one can use deadly force to prevent someone from attempting to enter a dwelling or vehicle only if the person is occupying the dwelling or vehicle at the time.

Damn, you guys think you know the law and haven't even bothered to read it . Everything I said was right; however if anyone believes me wrong all you have to do is present a State statute that contradicts me. Don't even bother trying.

Once again kiddies: If you kill a man who is trying to break into your UNOCCUPIED vehicle, you will be going to prison no matter where you live. Now, I am done with the lot of all you wannabe lawyers.

For a professor, you have horrible reading comprehension skills, I never said what you claim

The University of Florida explains that!

Have a nice day!

War Eagle!


.

You are a very ignorant man/woman. If you had the reading ability and the mental capacity of the average 12-year old you would know the only issue I was talking about was using deadly force to prevent someone from breaking into an unoccupied vehicle. I said it was illegal and YOU claimed I did not know the law. Of course, I was right and you were wrong. There was nothing unusual about that since I am educated in the law and you are completely clueless.

Whatever you do for a living, don't even think about going to law school. You don't have what it takes.

The only thing you know is how to insult those who know a hell of a lot more than you do. Unfortunately even your insults lack creativity and intelligent thought.

I must apologize to you for one thing. I said you could have the last word and I reneged. I just couldn't
let you get away with your stupid and childish accusations. You need to grow up..

Now, my unenlightened child, you have the absolute freedom to engage in whatever foolish
diatribe you wish without fear of me further exposing you for the uneducated fool you are.

It's been fun. I really needed a laugh and you are - if nothing else - a very funny young man/woman. Have a good night.

What an arrogant asshole! Other posters have proven you wrong already. Suck it up buttercup and sue UF for malpractice.

 

[MikeK]

Like my link said, in Louisiana, the car is an extension of the home. If on your property, you have a right to defend your property. Prove that's not true with facts and links specific to Louisiana. You can't.

Do you believe that under Louisiana State Law you are permitted to summarily execute someone whom you find burglarizing your car? Because that in effect is what you are saying. And I hope you never find out the hard way that what you've been led to believe is as wrong as two left feet.

Your car might be an extension of your home as far as your insurance company is concerned -- but not as far as the laws governing the use of lethal force are concerned.

I'm not saying that under certain circumstances, such as the right police investigators and the right jury, one could very well get away with what in fact is a first degree murder. That is possible. What I'm saying is, don't count on it.

 

[The Professor]

Like my link said, in Louisiana, the car is an extension of the home. If on your property, you have a right to defend your property. Prove that's not true with facts and links specific to Louisiana. You can't.

Do you believe that under Louisiana State Law you are permitted to summarily execute someone whom you find burglarizing your car? Because that in effect is what you are saying. And I hope you never find out the hard way that what you've been led to believe is as wrong as two left feet.

Your car might be an extension of your home as far as your insurance company is concerned -- but not as far as the laws governing the use of lethal force are concerned.

I'm not saying that under certain circumstances, such as the right police investigators and the right jury, one could very well get away with what in fact is a first degree murder. That is possible. What I'm saying is, don't count on it.

The “Admiral” is an egotistical asshole. He needs to take his little plastic boat and and rubber duckies and sail away to fantasy land where he can meet like-minded people. I gave him the specific statute in his home state that showed that deadly force can be used to prevent someone from breaking into a dwelling or vehicle only if the the person using deadly force was occupying the dwelling or vehicle at the time. Sadly, he still continued to insist he was right and everyone else was wrong.

He really believes that he can kill a person who is trying to break into his unoccupied vehicle. I think it's best to let him alone and hope he never gets the opportunity to act on his uniformed and criminal beliefs.

 

[bodecea]

they broke into a house with two people at home....darwin's theory

If there was better gun control, home invasions are better than simply burglary. YOu can terrorize and torture the inhabitants to tell you were the best loot is.


THat's the world you libs want.

"That's the world you libs want".....making up positions to argue against. Let's see, I believe there's a name for that fake (and fail) kind of debate.

 

[EvilCat Breath]

Louisiana does not follow the same common law that other states do. They follow the Napoleonic Code. If someone is going to presume to apply Louisiana law they had best review that law first.

Stand your ground laws are not Castle Doctrine laws. Castle Doctrine requires some sort of occupancy. Stand your ground means there is no duty to retreat, anywhere. On the street, at the grocery store, in the parking lot next to your car. If Louisiana has passed a stand your ground law, all that need be proved is that the car thief had menaced the car owner who had no duty to retreat and could stand his ground.

That might clear things up.

 

[my2¢]

News report I saw last night called it the "Make my day" law.

I found it interesting that the woman who was driving get-away car can now be tried of felony murder. There was also another person in car at the time, she wouldn't say who, I'm only guessing it may have been one of her small children.

Woman Charged With Three Shooting Murders Never Fired A Shot

 

[Correll]

they broke into a house with two people at home....darwin's theory

If there was better gun control, home invasions are better than simply burglary. YOu can terrorize and torture the inhabitants to tell you were the best loot is.


THat's the world you libs want.

"That's the world you libs want".....making up positions to argue against. Let's see, I believe there's a name for that fake (and fail) kind of debate.

I am not "making up" the anti-gun position of lefties. Your dishonesty is noted and dismissed.

 

[airplanemechanic]

Louisiana does not follow the same common law that other states do. They follow the Napoleonic Code. If someone is going to presume to apply Louisiana law they had best review that law first.

Stand your ground laws are not Castle Doctrine laws. Castle Doctrine requires some sort of occupancy. Stand your ground means there is no duty to retreat, anywhere. On the street, at the grocery store, in the parking lot next to your car. If Louisiana has passed a stand your ground law, all that need be proved is that the car thief had menaced the car owner who had no duty to retreat and could stand his ground.

That might clear things up.

Thank you. It's sad that we have to educate or "professors" who are so smart.

I think he's proof positive that a degree doesn't prove you smart.

Louisiana has both stand your ground and castle doctrines. But they don't require occupancy. If I'm at the store and I catch someone breaking into my home when I get home, I don't have to ask any questions, I can shoot to kill. They are on my property breaking into my home. That's your castle. It doesn't become not your castle if you're at the grocery store. And being that the stand your ground laws show that you need not back away from them, you can shoot them dead with references to BOTH of those laws.

 

[airplanemechanic]

This guy shot a teenager in his back yard, unarmed, not in his home. He was initially charged with attempted murder, charges later dropped.

Unarmed New Orleans Teen Marshall Coulter Shot by Marigny Homeowner Merritt Landry | Moral Low Ground

Teen shot in head by man who thought he was burglar: police

No charges for Marigny homeowner Merritt Landry in shooting of Marshall Coulter

Louisiana's Castle statutes — which carry subtle differences from the now-notorious Stand Your Ground laws — allow the state's residents to use force, "deadly or otherwise, to protect oneself on his or her property.

So, professor, I'll say it again. Louisiana's castle statutes ALLOW FOR THE USE OF DEADLY FORCE TO PROTECT YOURSELF ON YOUR PROPERTY. He doesn't have to be armed, he doesn't have to be actually breaking in. Isn't that funny, that's what I said in one of my first replies. Is that you might be charged, but I've talked to DA's who wouldn't prosecute based on that. Their asses would be on the line if they did. Isn't that something, the DA dropped the charges.

 

[MikeK]

Louisiana does not follow the same common law that other states do. They follow the Napoleonic Code. If someone is going to presume to apply Louisiana law they had best review that law first.

Stand your ground laws are not Castle Doctrine laws. Castle Doctrine requires some sort of occupancy. Stand your ground means there is no duty to retreat, anywhere. On the street, at the grocery store, in the parking lot next to your car. If Louisiana has passed a stand your ground law, all that need be proved is that the car thief had menaced the car owner who had no duty to retreat and could stand his ground.

That might clear things up.

It will clear things up if we understand that your hypothesis converts the circumstances from a simple burglary to an act of menacing, which would justify lethal defensive force. So are you still saying it's okay to shoot someone who is breaking into your car -- or not?

 

[EvilCat Breath]

Louisiana does not follow the same common law that other states do. They follow the Napoleonic Code. If someone is going to presume to apply Louisiana law they had best review that law first.

Stand your ground laws are not Castle Doctrine laws. Castle Doctrine requires some sort of occupancy. Stand your ground means there is no duty to retreat, anywhere. On the street, at the grocery store, in the parking lot next to your car. If Louisiana has passed a stand your ground law, all that need be proved is that the car thief had menaced the car owner who had no duty to retreat and could stand his ground.

That might clear things up.

It will clear things up if we understand that your hypothesis converts the circumstances from a simple burglary to an act of menacing, which would justify lethal defensive force. So are you still saying it's okay to shoot someone who is breaking into your car -- or not?

Scene one.

I see someone breaking into my car. I shout out "what the fuck are you doing with my car?" He turns and takes a step towards me. I do not need to withdraw. I legally blow him away where he stands.

Scene two.

I see some one breaking into my car. I run up, illegally shoot him in the head and say "That's what you get for fucking with my car".

Does it make sense now?