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NutmegYankee

(16,479 posts)

84. "home is your castle laws" date back the 17th Century.

Sun Apr 2, 2017, 04:21 PM

Apr 2017

It's the newer laws that remove the duty to retreat in public places, but Americans have always under common law had a right to defend themselves in the home. The premise is the home is your last refuge, so you have no duty to retreat from it.

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Woman who drove 3 slain in Oklahoma home invasion speaks out [View all] sarisataka Apr 2017 OP

No, the victim doesn't have a duty to minimize injury to the burglars. LisaL Apr 2017 #1

that does not mean that after you driven the invaders off your property Thomas Hurt Apr 2017 #4

They're dead because they decided to break into a stranger's home. Period. Warren DeMontague Apr 2017 #6

Warren of course that happens Thomas Hurt Apr 2017 #10

I suspect you will find that this person acted within those boundaries as per OK law. Warren DeMontague Apr 2017 #13

never said they didn't Thomas Hurt Apr 2017 #15

They're dead because of a violent home entry and failure to flee when challenged. Yo_Mama Apr 2017 #43

That would be excessive force sarisataka Apr 2017 #11

obviously Thomas Hurt Apr 2017 #14

That exact scenario happened years ago in my town. yardwork Apr 2017 #49

Same thing happened in my neighborhood. Ligyron Apr 2017 #51

charging her w murder is stupid, but we have for profit jails to fill nt msongs Apr 2017 #2

She has admitted to planning sarisataka Apr 2017 #3

That was the second time that the same group robbed the same house HoneyBadger Apr 2017 #21

felony murder Thomas Hurt Apr 2017 #8

If the situation was reversed and the home owner was killed. Should she be charged with murder? NWCorona Apr 2017 #9

I think that particular charge is questionable, however Warren DeMontague Apr 2017 #12

What she did is absolutely felony murder under the law. Foamfollower Apr 2017 #18

There is some logic to Felony Murder. NutmegYankee Apr 2017 #28

The only logic I see in felony murder charges are when an innocent person dies indie9197 Apr 2017 #35

You want to let her slide because the "wrong" people were killed? Hassin Bin Sober Apr 2017 #55

Think about it. Three counts of felony murder against someone who didn't kill anyone indie9197 Apr 2017 #76

Re: it was not a planned home invasion. sarisataka Apr 2017 #79

The knife was only there to slice oranges and apples in case the kids got a bit peckish. Hassin Bin Sober Apr 2017 #80

..and the brass knuckles were just in case they needed a emergency paper weight.. EX500rider Apr 2017 #81

Yeah, if you turn some city street in to the O.K. Corral, yes, you are responsible for ALL deaths... Hassin Bin Sober Apr 2017 #83

It's the absolute textbook case for felony murder (nt) Recursion Apr 2017 #36

Not really SomethingNew Apr 2017 #63

Actually, the accomplice dying is the textbook case. NutmegYankee Apr 2017 #69

Gotta disagree. SomethingNew Apr 2017 #87

The more I hear about and from her, Crunchy Frog Apr 2017 #40

Why do we give a shit about the opinion of the woman who was involved with a home invasion? Warren DeMontague Apr 2017 #5

My feelings exactly. LisaL Apr 2017 #7

It is unusual for a person sarisataka Apr 2017 #16

It's unusual in part because any lawyer worth their salt would tell them not to do it. Warren DeMontague Apr 2017 #17

Among her many "bad choices" sarisataka Apr 2017 #22

Re: death SomethingNew Apr 2017 #65

This is long settled area of the law. marybourg Apr 2017 #30

As I stated in another post sarisataka Apr 2017 #31

No, felony murder is different and doesn't carry the death penalty. Yo_Mama Apr 2017 #44

I had heard it reported sarisataka Apr 2017 #59

It's first degree murder by felony murder, if that makes any sense. In OK, not DP. n/t Yo_Mama Apr 2017 #66

I have *NO* sympathy whatsoever for her or her goon cronies. Archae Apr 2017 #20

Funny, I don't seem to feel a lot of compassion for *her*. nt tblue37 Apr 2017 #23

Because the "news" media is more interested in interviewing her than in journalism. yardwork Apr 2017 #47

THREE men. THREE. The shooter was going to be a victim of something, maybe even murder. WinkyDink Apr 2017 #19

No. It is believed mercuryblues Apr 2017 #24

What I really hate about this and what should be the primary ProudLib72 Apr 2017 #25

This is why an attorney wouldn't have let her speak - she is doing herself no good. Yo_Mama Apr 2017 #45

She can rot in jail. cwydro Apr 2017 #26

Criminals in Oklahoma should understand the risk...I shed no tears. beachbum bob Apr 2017 #27

:popcorn: :popcorn: :popcorn: :popcorn: :popcorn: :popcorn: :popcorn: Demonaut Apr 2017 #29

She needs to accept responsibility for being the one who drove them to their deaths luvMIdog Apr 2017 #32

When they entered house, they sealed their fate. Just don't like gunners using these rare incidents Hoyt Apr 2017 #33

No. Adrahil Apr 2017 #34

The burglars did not announce with a megaphone that they carried no firearms. DFW Apr 2017 #37

And drives away when she hears gunshots. I don't know whether the one kid could have been saved, Yo_Mama Apr 2017 #46

Agreed in all points. yardwork Apr 2017 #48

That woman is a textbook manipulator who is still at it Lee-Lee Apr 2017 #38

+1 dalton99a Apr 2017 #50

Disgusting! Hope she spends the rest of her life behind bars. Crunchy Frog Apr 2017 #39

Once upon a time in my neighborhood tavernier Apr 2017 #41

NO, because self-defense is only allowed when one is in fear of life or limb. Yo_Mama Apr 2017 #42

I posed the question sarisataka Apr 2017 #58

This case horrifies me; I think it requires seriousness. Yo_Mama Apr 2017 #62

I find I learn the most when sarisataka Apr 2017 #67

Well, in that spirit, here's my reply. Yo_Mama Apr 2017 #71

We are in agreement about self-defense neccessity sarisataka Apr 2017 #74

"home is your castle laws" date back the 17th Century. NutmegYankee Apr 2017 #84

My friend, Bulldog, an ex marine, shot two ghostsinthemachine Apr 2017 #52

I'm sorry for your friend janterry Apr 2017 #54

I know a guy who shot three. Absolutely justified, and he did it as a last resort to Yo_Mama Apr 2017 #57

Contrary to the belief sarisataka Apr 2017 #60

You pose a complex question janterry Apr 2017 #53

It's clear from the 911 call that the owner's son (shooter) didn't want the burglers to die. NutmegYankee Apr 2017 #68

wasn't it also some kind janterry Apr 2017 #70

It wasn't an automatic. NutmegYankee Apr 2017 #72

WTF? Now victims have to be expert marksmen? McCamy Taylor Apr 2017 #56

Yeah I agree...if 3 guys all in black and masks broke in... EX500rider Apr 2017 #61

Zero sympathy for masked and armed home invaders Calculating Apr 2017 #64

Why I started a discussion on a victim's 'duty'- sarisataka Apr 2017 #73

"[Victim of her crime is] at the bottom of my list to be compassionate for," [getaway driver] said. aikoaiko Apr 2017 #75

oh HELL no!!!! samnsara Apr 2017 #77

i took a firearm safety class from an ex cop who told us that if theres an intruder... samnsara Apr 2017 #78

She's lucky to be alive, the kids she manipulated weren't so lucky steve2470 Apr 2017 #82

The grandfather of one of the wasted thugs sounds like a real piece of work Henry Krinkle Apr 2017 #85

No sympathy. linuxman Apr 2017 #86