CJSD wrote in post #12244792
Funny thing is that in CA, we DO, as citizens, have legal means to lawfully kill an intruder.
But that is very limited and you're still subject to the civil suit afterwards (many states disallow civil suits if the person is exonerated of criminal charges or successfully defends against them). There are also immense restrictions on carry, to the point that it basically can't be done in urban areas (even in one's own front yard).
Furthermore, and this is most relevant to what's being discussed here, firearms cannot legally be used for defense of property in CA. I'm actually on the fence about that. There are risks and tradeoffs in either direction, and it can be taken to extremes in either direction. Neither extreme is desirable.
I strongly urge you to read up on the statute as well as the required subject and objective tests regarding lawful homicides(if you want to read more on my risk assessment bit, Righteous Dopefiend by Bourgois and Schonberg, it's a must read). Keep in mind, just because the law says that just because you cant take a man's life "just cause" DOESN'T mean you cant protect yourself and family in your own home.
That is true, and it helps.
The only reason I dont agree with your idea is because I assume you want more lax legislation regarding weapon use v. burglars than what's already in place. If you want to grant everyone the ability to play God and take a man's life just for jacking material things, go ahead and keep pushing that idea and pray legislation like that will pass; you're better off hoping that DA's, Judges and Juries all collectively seek the death penalty for every burglary/grand theft conviction though.
Yeah, like I said, I'm on the fence about it. The viewpoint you're arguing for here is quite a valid one. I think the question that needs to be answered, and it's a tough one, is: what should the citizenry be doing in the absence of law enforcement? Oakland, to name but one municipality, has stated that they will no longer respond to burglary calls (among a host of other crimes). What would you expect the citizenry to do if law enforcement were absent entirely (e.g., the police force were simply shut down due to lack of funds or something)? It's a hypothetical question, of course, but it has real application here, particularly given the fiscal situation many state and local governments face today.
Bottom line is: should the citizenry simply lie down and take it, and just let criminals have their way except when they place someone else's life at risk?
That's not going to be an easy question to answer, I expect, but it bears directly on the issue we're talking about here.
That's all I got, lol. No more bringing work home to the interwebz for me.
LOL!
Fair enough. By the way, under the assumption that you're a peace officer, I gotta thank you for putting yourself in harm's way for the rest of us...