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  1. #31
    Allergic to Mornings ergophobe's Avatar
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    ^ Dude, I'm raising a question about the intention of the burglar. None of us can really know what the intentions of the student or the burglar really were. Most people are also ASSUMING the student was innocent and did not use excessive force that wasn't required in the circumstances. Similarly, one could also assume that the burglar did not intend to harm. They're BOTH assumptions based on the little information we have. Clear?

    Did the student just brandish the weapon - no. Are there other incidents of excessive force being used - yes. Is this one - we don't know but I think it's okay to raise the questions.

    As the newspaper article states, the law may or may not extend to protecting the student in the case of an enclosed backyard. This is likely because it is more difficult to show that this was a similar threat to the student's life as breaking in to the home while being armed may have been.


    Quote Originally Posted by pure_mercury View Post
    Actually, studies have shown that over 90% of the time, just brandishing a weapon is enough to scare these people off. And you have no idea if the burglar was not "looking to harm anyone in the house." So you really are talking out of your ass. Law enforcement officials often support things like concealed carry laws because they are proven to be effective. Garages count as part of your domicile, as well.
    Metamorphosis - I just found the Joe Horn story. You live in the same neighborhood? Goodness gracious! I see the connection now. Also, the effects on the castle rules. What are these and how have they changed? I'd really like to learn more about how these are applied across states. Any law background people care to enlighten? Thanks.

  2. #32
    ^He pronks, too! Magic Poriferan's Avatar
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    If the guy defended himself in the moment and accidentally killed the burglar, that's too bad. If he could have easily avoided killing the burglar, but did anyway, then I think it's a little screwed-up and probably not what I would have done.
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  3. #33
    Senior Member Lateralus's Avatar
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    Quote Originally Posted by ergophobe View Post
    Lateralus -- I'm glad that the country's laws aren't based on your views.
    Yeah, there would be fewer burglaries, which would be a bad thing, right?
    "We grow up thinking that beliefs are something to be proud of, but they're really nothing but opinions one refuses to reconsider. Beliefs are easy. The stronger your beliefs are, the less open you are to growth and wisdom, because "strength of belief" is only the intensity with which you resist questioning yourself. As soon as you are proud of a belief, as soon as you think it adds something to who you are, then you've made it a part of your ego."

  4. #34
    pathwise dependent FDG's Avatar
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    To be honest, I think that when you intrude in somebody else's house you know the risks. I am not in favor of crimes of excess defense in your own house, it's not something that can be rationally controlled, calling the police takes too much time and it's often hard to do. It would have been "better" if they just immobilized him, though, of course.
    ENTj 7-3-8 sx/sp

  5. #35
    Was E.laur Laurie's Avatar
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    It would be fun to hear what the responses would be if it was a gun.

  6. #36
    Senior Member Lateralus's Avatar
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    Quote Originally Posted by Elaur View Post
    It would be fun to hear what the responses would be if it was a gun.
    Whether he was killed with a gun or a sword would make no difference to me. As far as I'm concerned, the burglar forfeits his rights as soon as he breaks into someone's home. In your home, you have the right to deal with an immediate threat by whatever means are available to you. I would draw the line at capture and torture, though. Once the burglar is captured, he is no longer a threat.
    "We grow up thinking that beliefs are something to be proud of, but they're really nothing but opinions one refuses to reconsider. Beliefs are easy. The stronger your beliefs are, the less open you are to growth and wisdom, because "strength of belief" is only the intensity with which you resist questioning yourself. As soon as you are proud of a belief, as soon as you think it adds something to who you are, then you've made it a part of your ego."

  7. #37
    Black Magic Buzzard Kra's Avatar
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    I'm not really inclined to feel any pity for the burglar. According to the articles, he was recently released from prison, where he was incarcerated for robbery. Talk about not learning a lesson...

    In the event that the student noticed the burglar BEFORE the burglar noticed him, seeing as how the garage was not connected to the house (according to that second article), things probably would have turned out better had the student contacted the police, and not risked a confrontation with what could have possibly been an armed invader (btw, you should never assume that an invader is unarmed. That's a damn good way to get yourself killed). He may not have had that opportunity though.

    Then again, it's possible that the student simply went to check out the noise, and may have been spotted by the burglar before being able to go back into the house and call the police. If the burglar reacted by coming toward the student, he had every reason to fear for his life, and thus use whatever means necessary to defend it. Let's not forget, that for a most likely untrained person, a neutralizing blow (such as a leg or shoulder wound) would probably be extremely difficult to achieve with a sword, probably more so than with a handgun even.

    Long story short, though this is a tragic result, I support the student. The burglar knew the risks going into this crime, and should not have been there in the first place.
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  8. #38
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    To me, the moral of the story is "Don't break into people's houses." This being Baltimore, there's even odds that a grand jury will indict him, however.

  9. #39
    Habitual Fi LineStepper JocktheMotie's Avatar
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    Raising questions of excessive force, I think, is silly in this instance. It's not like he killed him execution style and chopped his head off. Article says he had a severed hand [most likely because the burgalar raised his arm as if to block the strike] and a chest laceration. He died later at the scene, due to his wounds.

    So it seems once they knew the burglar was out of the fight, they called the police or campus security arrived.



  10. #40
    Senior Member Lateralus's Avatar
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    Quote Originally Posted by Kra View Post
    Long story short, though this is a tragic result, I support the student. The burglar knew the risks going into this crime, and should not have been there in the first place.
    This isn't tragic. Society benefits from this. There's one less worthless human breathing.
    "We grow up thinking that beliefs are something to be proud of, but they're really nothing but opinions one refuses to reconsider. Beliefs are easy. The stronger your beliefs are, the less open you are to growth and wisdom, because "strength of belief" is only the intensity with which you resist questioning yourself. As soon as you are proud of a belief, as soon as you think it adds something to who you are, then you've made it a part of your ego."

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