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Re: O/T Its happening again! Thefts in the area.....


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Posted by Brian in MI on April 18, 2008 at 11:28:34 from (204.24.124.36):

In Reply to: O/T Its happening again! Thefts in the area..... posted by Turke Bros. Farms on April 18, 2008 at 06:30:05:

The "Castle Doctrine" in MI states that if an intruder intends to great bodily harm "OR" commit a felonly like theft.

An intruder must be making (or have made) an attempt to forcibly enter a premises uninvited
The intruder must be acting illegally -- e.g. the Castle Doctrine does not give the right to shoot officers of the law acting in the course of their legal duties
The occupant(s) of the home must reasonably believe that the intruder intends to inflict serious bodily harm, or death, upon an occupant of the home
The occupant(s) of the home must reasonably believe that the intruder intends to commit some other felony, such as arson or burglary
The occupant(s) of the home must not have provoked or instigated an intrusion, or provoked or instigated an intruder to threaten or use deadly force
In all cases, the occupant(s) of the home must be there legally, must not be fugitives from the law, must not be using the Castle Doctrine to aid or abet another person in being a fugitive from the law, and must not use deadly force upon an officer of the law or an officer of the peace while they are performing or attempting to perform their legal duties

In addition to providing a valid defense in criminal law, many versions of the Castle Doctrine, particularly those with a "Stand-Your-Ground clause", also have a clause which provides immunity from any lawsuit filed on behalf of the assailant for damages/injury resulting from the shootings. Without this clause, it is possible for an assailant to sue for medical bills, disability, and pain and suffering as a result of the injuries inflicted by the shooter, or for their next-of-kin to sue for wrongful death in the case of a shooting fatality. Even if successfully refuted, the defendant (the homeowner/shooter) must often pay thousands of dollars in legal costs as a result of such lawsuits, and thus without immunity, such civil action could be used for revenge against a shooter acting lawfully.

The only exceptions to this civil immunity are generally situations of excessive force, where the shooter fired on a subdued, cooperative, or disabled assailant. A situation meeting this exception generally invalidates the criminal "castle defense" as well.


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