Brits can now fight back against burglars

[JohnRich 4]

News:

Now you CAN fight back against burglars: Law change protects anyone using violence to defend home

"Homeowners who fight to defend their property will have the full backing of the law for the first time.

"In an historic move, Justice Secretary Ken Clarke yesterday announced a major strengthening of the rights of victims standing up to intruders in their property.

"It means anyone who reacts ‘instinctively’ to defend their home and possessions will be protected if they use reasonable force.

"The current law says they can act only if they feared for their life or those of their family. It also places duty on victims to retreat from an attacker if they are acting in self-defence. This will also be scrapped..."

Full story: Daily Mail

[jgoose71 0]

Awwwwww... And i was getting ready to move to Brittan and go on a crime spree a la A Clockwork Orange... I guess i will have to change my plans...

Can't have my victims fighting back, that is just to much work. I might get hurt or something...

"There is an art, it says, or, rather, a knack to flying. The knack lies in learning how to throw yourself at the ground and miss."
Life, the Universe, and Everything

[D22369 0]

holy shit...common sense...

oh man, what about those poor misunderstood criminals!! did anyone think of them?!!!

Roy

They say I suffer from insanity.... But I actually enjoy it.

[StreetScooby 5]

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be protected if they use reasonable force.

There is the caveat. This will be defined differently for Brits than say folks who live in Texas. Personally, I'd prefer the Texas definition.

We are all engines of karma

[mr2mk1g 10]

Article from the Daily Fail. There's no real change - it's political window dressing. There are already the same rights and there is currently no duty to retreat as averred in the article.

[Andrewwhyte 1]

Reacting instinctively does not include weapons other than household items that happen to be around. A loaded firearm constitutes premeditation. The question is does a cricket bat or tire iron strategically placed?

[JohnRich 4]

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Reacting instinctively does not include weapons other than household items that happen to be around. A loaded firearm constitutes premeditation. The question is does a cricket bat or tire iron strategically placed?

I think that's a poor definition of "premeditation", implying that someone armed for self defense is just looking for an excuse to shoot someone. That's not the case at all. It's just a matter of being prepared, like having a loaded fire extinguisher in case your house catches on fire, or having a spare tire in case you get a flat on the road. Your theory on premeditation would still require that citizens remain unable to defend themselves in their own homes, giving the criminal intruders the upper hand. A man's home is his castle, and he should be able to defend himself and his family in it with a loaded firearm against any criminal intruders. A little 60-year-old lady should not have to fight off young, strong intruders with her purse.

[Skyrad 0]

Thats not how it works in the law here. If you have a baseball bat next to your bed in case someone breaks in or a knife or shotgun next to your bed then that counts as premeditation. If you happened to grab a knife in the kitchen and use it then so long as the level of force is justifiable then thats ok. In all honesty who would be stupid enough to admit to having the baseball bat next t your bed for protection? 'No officer it just happened to be the first thing in reach'.

When an author is too meticulous about his style, you may presume that his mind is frivolous and his content flimsy.
Lucius Annaeus Seneca

[mnealtx 0]

Does the crim get extra jail time for premeditating his break-in, too, or is that ludicrous standard only applied against the defender?

Mike
I love you, Shannon and Jim.
POPS 9708 , SCR 14706

[JohnRich 4]

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Thats not how it works in the law here.

I'm not arguing "what is", I'm arguing for what "should be".

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If you have a baseball bat next to your bed in case someone breaks in or a knife or shotgun next to your bed then that counts as premeditation.

So, when an armed police officers shoot a criminal attacker, is that premeditated murder on the part of the police officer?

[Skyrad 0]

A) Yes I agree with you.
B) No as there are rules of engagement under the law which the Police adhere to (Supposedly)

When an author is too meticulous about his style, you may presume that his mind is frivolous and his content flimsy.
Lucius Annaeus Seneca

[Skyrad 0]

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Does the crim get extra jail time for premeditating his break-in, too, or is that ludicrous standard only applied against the defender?

The criminal gets done for the breaking and entering/ theft/ Aggravated burglary or whatever the appropriate charge is.

Back in the 80's there was some friends of my family who came back home to find their doberman choking on something and blood all over the place. They recovered a human finger from the dogs throat, upstairs locked in to the bathroom they found the burglar that was the fingers previous owner. They called the Police who came and nicked the burglar. It went to court, the criminal was prosecuted and banged up but he also brought a case against the family for owning a dangerous dog. The court found in his favour and ordered the dog to be destroyed and damages to be awarded for the loss of the finger.
Thankfully those days are behind us.

When an author is too meticulous about his style, you may presume that his mind is frivolous and his content flimsy.
Lucius Annaeus Seneca