Cars that attack: severe injury or death

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Tdarcos
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Cars that attack: severe injury or death

Post by Tdarcos » Mon May 07, 2018 9:59 pm

The general rule is one may protect one's property and may use force to do so. Force must be reasonable and in line with the minimum necessary to respond to the thief and/or attacker. Lethal force cannot be used by machine because the force being used would almost certainly be excessive. Wiring a loaded shotgun to your front door or car door will not be allowed, because the force used in response would be excessive.

Putting in an immobilizer in your car along with a shock mechanism generating lethal electrocution might be fun to think about, but if it actually happened, you're looking at very likely Murder 2 charges depending on how the prosecutor sees it. Giving an intentional lethal shock and trapping the person would certainly constitute depraved indifference. And you can't use lethal force to protect property unless a human is also in danger of serious injury or death themselves.

Actually, the general definition of Murder 1 is, "any intentional murder that is willful and premeditated with malice aforethought." A "trap and kill" anti-theft device being used indiscriminately might qualify as a Death Penalty eligible case. However, since it's probably not considered to have malice since the person setting it up is probably indifferent to which criminal is killed, that's probably manslaughter.

The New York Times has a 1986 story of a Miami Merchant, sick over being robbed 8 times, put in a little surprise that was just supposed to give a small shock from the ceiling to the next burglar, only he set it up wrong and had it powered from the 110 v wall outlet. The burglar was wearing sneakers so walking in didn't shock him, but when leaving his hands might have been wet, and instead of a small shock, he was electrocuted, and the merchant was charged with manslaughter.

Now how about one that just holds him long enough to send a loud enough noise that bursts his eardrums?
The lessons of history teach us - if they teach us anything - that no one learns the lessons of history. tdarcos@tdarcos.com

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Jizaboz
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Re: Cars that attack: severe injury or death

Post by Jizaboz » Tue May 08, 2018 4:06 pm

A smoke/stink bomb setup might work...

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Ice Cream Jonsey
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Re: Cars that attack: severe injury or death

Post by Ice Cream Jonsey » Tue May 08, 2018 9:41 pm

It is amazing to me that we have laws in this country against people defending their shit. Ohhh boy, you burgled and got killed, boo fucking hoo. I know the problem is that people escalate this shit and then soon everyone has ED-209 on their property mowing down pedestrians that don't break eye contact, but for one-off cases like that it should be OK.
the dark and gritty...Ice Cream Jonsey!

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