Re: AR vs Shottie for Home Defense
<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Graham</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Solid_Squirrel</div><div class="ubbcode-body">Perhaps it's worth mentioning that "castle doctrine" was enacted in your state, exactly two months ago.</div></div>Perhaps. But what does it mean - that there is no longer a duty to retreat in one's own home? Or does it re-define what is reasonable force in Oklahoma?
<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: okiefired</div><div class="ubbcode-body">"Proporsionate/reasonable force" has always been an interesting concept to me. Exactly how do you determine what that is in the heat of the moment when light is low (at best) and you have just been awakened?</div></div>That's a very good question. It brings up two very important things to learn about before using deadly force (what follows is opinion, not legal advice):
1) How does my State define justifiable homicide?
Check your State stautes. In Michigan, the killing of another person in self-defense is justifiable homicide if, under all the circumstances, the defendant honestly and reasonably believes his life is in imminent danger or he is under immediate threat of serious bodily harm and [he reasonably and honestly believes] that it is necessary to use deadly force to prevent the harm. <span style="text-decoration: underline">People v. Daniels</span>, 192 Mich. App. 658 (1991).
The key word here is “necessary”: If you shoot an armed attacker because you honestly believe he is a space alien coming to suck out your brains, then your belief in the necessity is not reasonable. If you shoot someone who is pointing a gun at you, but you don’t really think he will pull the trigger, then your belief in the necessity of your actions is not an honest one.
In most states the law presumes that if someone breaks into your home he is intent on doing harm to the people in the home (as opposed to simply wanting to steal property). What the home owner knows about the attacker (and what he doesn't know) is relevant to his decision to use force.
2) Is a mistake of fact a defense, and, if so, to what crime?
A mistake of fact is a mistaken or ignorant belief that circumstances are not as they truly are. In general, any mistake of fact is a defense to murder, even if the mistake was unreasonable, provided that it negates an element of the crime. On the other hand, a mistake of fact is a defense to involuntary manslaughter (a negligent killing) only if it is reasonable - meaning only if it is the type of mistake a reasonable person would have made under the same or similar circumstances. </div></div>
Apparently it does remove the duty to retreat. From wikipedia:
<div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body">A Castle Doctrine (also known as a Castle Law or a Defense of Habitation Law) is an American legal doctrine arising from English common law[1] that designates one's place of residence (or, in some states, any place legally occupied, such as one's car or place of work) as a place in which one enjoys protection from illegal trespassing and violent attack. It then goes on to give a person the legal right to use deadly force to defend their place, and any other innocent persons legally inside it, from violent attack or an intrusion which may lead to violent attack. In a legal context, therefore, use of deadly force which actually results in death may be defended as justifiable homicide under the Castle Doctrine.</div></div>
Read the whole page, it has too much information to post here:
http://en.wikipedia.org/wiki/Castle_doctrine