Debate: - Gun Laws and Self Defence

[Charlotteee]

At the minute if a burglar etc, breaks into your house and you defend yourself by striking them you are still breaking the law and can be sentenced for it. This seems a little unfair so what do you girls think should be legal/not legal when it comes to protecting yourself and your family in your own home


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x

 

[Donna35]

IMO I don't think it's right that you get sentenced if you're defending yourself from attack in your home - as in if the person is physically attacking you then it's only fair and right that you can retaliate or defend yourself.

In some cases the law is on the side of the wrong people in my opinion - I know of a case in which someone stole a car not realising how powerful it was, crashed it and successfully sued the owner. Also my ex-boss had some vans and told one of the drivers under no circumstances to pick one up from the garage where it was being serviced but the bloke did anyway, kept it for the weekend, crashed it and rolled it in a field with his brother in it and his brother sued my boss whereas they had in effect stolen the van...IMO these cases sould have been thrown out of court for the sheer hypocrisy of them

Sorry for rambling lol

 

[Whoppy-pop]

Gosh where to start on this topic?!?!

I really can see both sides of the coin here.

I know, law or no law, that I would defend my property, home and child with as much force as I could muster. I would use every impliment available to me too. However I can see why the laws are in place as often there are no witnesses to vouch for what would be reasonable force, and what is "reasonable" to one person may not be so to another.

It's a can of worms and I hope this debate can help me off the fence in my view point

 

[mummy3]

Yeah I dunno with this one, on the one hand its blatantly obvious if you break into someones home with criminal intent you're in the wrong and shouldn't expect homeowners to sit down and let you get on with it

On the other hand, I would'nt want the criminal to be killed (on the fence with serious harm tho) as who knows whats going on with them thats led to this

We do have a guard dog tho....

 

[AppleBlossom]

IMO, you shuold be able to protect yourself in your own home. A person breaking into your house shows you no mercy, why should you show them any? If someone broke into my house and attempted to attack me or Grace I wouldn't think twice about clobbering them round the head with something. They shouldn't be there in the first place. It's human nature to protect yourself and your family. I think self defence shouldn't be a criminal offence whatsoever

 

[Naya69]

isnt it english law that if a person attacks you upstairs then you can kill them and possibly get away from it as they clss this as your personal space but downstairs its against the law??

just something i hear??

 

[aob1013]

If my child was in my house and someone threatened his life i would do absolutely everything in my power to protect my son and myself.

I think it's disgusting to get punished for protecting your family, and yourself.

 

[Chaos]

If you have the audacity to break in to my house to take the things I've worked hard for and to put my family in danger, you better be sure I will defend my home with any means at my disposal rather and offer them a cup of tea and hold off until the police arrive.

I think it should be totally legal to defend your home. These days far too many 'laws' defend the criminal.

Where I live at the moment, the law states:

"The self-defense law generally excuses a person for assaulting or killing another person if the defendant's fear of harm was reasonable, as determined by a jury, and necessary to protect himself or herself."

ETA: This is why I love where I live right now (moved from uk to usa)

https://en.wikipedia.org/wiki/Castle_doctrine

A Castle Doctrine (also known as a Castle Law or a Defense of Habitation Law) is an American legal doctrine that arose 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 that place (his/her "castle"), and/or 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.

Use of deadly physical force against an intruder.

(a) A lawful occupant within a home or other place of residence is justified in using any degree of force that the occupant reasonably believes is necessary, including deadly force, against an intruder to prevent a forcible entry into the home or residence or to terminate the intruder's unlawful entry (i) if the occupant reasonably apprehends that the intruder may kill or inflict serious bodily harm to the occupant or others in the home or residence, or (ii) if the occupant reasonably believes that the intruder intends to commit a felony in the home or residence.

(b) A lawful occupant within a home or other place of residence does not have a duty to retreat from an intruder in the circumstances described in this section.

 

[rubixcyoob.]

I'm quite happy with Scots criminal law atm regarding this.

Self defence can be used as a defence and clear you of all charges in Scots law if it fits into 3 very fair catagories - the force you used was no more than the force necessary (i.e. a man breaks into your house and just stands in the hall doing nothing and not threatening etc, yet you decide to clobber him to peices - very wrong), if you had time to escape from the situation then you did (again, why would you stand and batter a person when you could simply escape them and let the proper authorities handle it?) and thirdly, there must be immediate danger to your life or serious harm to you (again, why clobber a person who has not physically touched you nor has the intent too?).
If it does not fit into these catagories then it turns to provocation - as in the person being there provoked you to act - however, that only mitigates charges because you over stepped the line and turned into the attacker not the victim.

If a person broke into my home and done nothing then I would phone the police - they get done for trespassing since it only becomes theft if they steal anything.
If a person attacks me or my family and I use the appropriate amount of defence etc. and I am not in the wrong or went over board, why would I be punished? I wouldn't.

So to sum it up - if a person broke into my home and did not threaten me or my family I would let the law deal with them. If they attacked me or my family I would retaliate with only the appropriate force, staying on the right side of the law, just.
Two wrongs don't make a right in any case.

 

[kiwimama]

I'm quite happy with Scots criminal law atm regarding this.

Self defence can be used as a defence and clear you of all charges in Scots law if it fits into 3 very fair catagories - the force you used was no more than the force necessary (i.e. a man breaks into your house and just stands in the hall doing nothing and not threatening etc, yet you decide to clobber him to peices - very wrong), if you had time to escape from the situation then you did (again, why would you stand and batter a person when you could simply escape them and let the proper authorities handle it?) and thirdly, there must be immediate danger to your life or serious harm to you (again, why clobber a person who has not physically touched you nor has the intent too?).
If it does not fit into these catagories then it turns to provocation - as in the person being there provoked you to act - however, that only mitigates charges because you over stepped the line and turned into the attacker not the victim.

If a person broke into my home and done nothing then I would phone the police - they get done for trespassing since it only becomes theft if they steal anything.
If a person attacks me or my family and I use the appropriate amount of defence etc. and I am not in the wrong or went over board, why would I be punished? I wouldn't.

So to sum it up - if a person broke into my home and did not threaten me or my family I would let the law deal with them. If they attacked me or my family I would retaliate with only the appropriate force, staying on the right side of the law, just.
Two wrongs don't make a right in any case.

How do you know what a person who has broken into your house is there to do though?? You have no idea what their intent is - it may be to simply steal some stuff but it may be to attack you? If I am in bed a night and someone breaks into my house I am probably going to knock him over the head with something regardless of what he is there to do!

 

[rubixcyoob.]

If there is a person breaking into your home and is just standing in your house looking around - highly unlikely but possible - (and no one said they were there to steal in the question, just breaking and entering) and sees you and is still just standing, not with a weapon, not threatening, nothing, its easy to guess intent.

Plus, if someone was to punch you would you grab a bat and beat them almost to death? Because its 'self defence' or would you use the appropriate force back if you had no choice but to?

I did not pick at any of you for saying that you would clobber a person without thought. Why pick at me for my decision?

 

[Charlotteee]

If there is a person breaking into your home and is just standing in your house looking around - highly unlikely but possible - (and no one said they were there to steal in the question, just breaking and entering) and sees you and is still just standing, not with a weapon, not threatening, nothing, its easy to guess intent.

Plus, if someone was to punch you would you grab a bat and beat them almost to death? Because its 'self defence' or would you use the appropriate force back if you had no choice but to?

I did not pick at any of you for saying that you would clobber a person without thought. Why pick at me for my decision?

I dont think they're picking, just trying to understand your side of things x

 

[aly888]

I dont think anyone should have to wait to find out someones intent before taking action if someone was in my house, weapon or no weapon, I would defend my property. I suppose I would probably just try to stand in their way at first, then if they tried to push past me I would see it as an attempt to attack me!!
If they are obviously not of sound mind (be it medically or drug induced) then I would be a bit more cautious with my 'attack' (and I use that term loosely) as they may not even realise where they are or what they are doing but if they were there tearing my house apart then I would clobber them one!!!
Everyone has the right to feel safe within their own homes and if someone chooses to invade that space then they should be prepared for the consequences!!

The law does seem to defend the wrong people sometimes. My personal take on it all is, if a crime is commited against you whilst you yourself are breaking the law, then you forfeit your entitlement to use the law in your defence!!

 

[marley2580]

Well I don't know about you lot, but if someone broke into my house I'd hide upstairs in the kids room and call the police. I most definitely would not confront them - that's how people end up hurt or dead IMO.

 

[Lillipop]

I would probably sh!t myself and hide as well...
First instinct would be to grab the kids and baricade myself in their room with them!

If they got rough and nasty then yes I would do everything in my power to defend myself and the kids and too right as well.
x

 

[buttonnose82]

I think it depends on HOW you defend yourself really

If you strike them once or twice (enough to disarm/disorientate them) then that is ok ...... self defence in my eyes. However there are people who will beat someone 8, 9 10 times, even after they are disarmed, unconscious and that is wrong, because that is angry and NOT self denfence

I think there needs to be guidelines about what is and isn't acceptable in regards to self defence if that makes sense, there was a story a few years back about a man that beat someone so badly that he left him brain damaged, I am not saying it was right that the man broke into the other mans house, but to beat someone to the point on brain damage just shows a lack of self control and angry which isn't self defence

 

[Jo]

Hmmm well my thoughts on this are if anyone broke into my house, whatever their intent, I would defend myself and my family to the hilt, even if they were just stood in the hallway as someone mentioned I would be furious.

What gives anybody the right to enter the one place that I should be able to feel safe and secure?
How does anybody have the right to stroll through my house picking and choosing at the things me and OH have worked hard to buy?

Yet by law I have no right really to defend myself my family and my things from anyone that wants to take them.

That in itself is messed up and I know for a fact I would defend first and ask questions later, I wouldn't care the reason they were in my house, I would do anything in my power to get them out.

If I was by myself with the children I would probably do things differently, but I would still be more furious than scared I think.

 

[Charlotteee]

at your description under your name jo x

 

[leighbaby]

It would depend on my ability to think rationally at the time.

I would do ANYTHING to protect my boys though. That is just a natural instinct.

 

[Midnight_Fairy]

I personally think we should be allowed to defend our homes no matter what the intruders intentions. I wouldn't wait to find out. I dont think they would get past my dogs but I wouldn't think twice about defending my home!!