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PostPosted: Fri Jul 04, 2008 2:20 pm
 


acidcomplex acidcomplex:
RUEZ RUEZ:
You can't kill someone to protect property. No you can't hunt someone down who's just killed your grandma. You may get away with it though.



Oh my friend but in Texas you can

"Under Texas law, people may use deadly force to protect their own property or to stop arson, burglary, robbery, theft or criminal mischief at night."

Where do you find that info? If that's true it's kind of scary. Also I am mostly arguing from what I know about Canada's laws so I admit I'm not positive about what's allowed down there.


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PostPosted: Fri Jul 04, 2008 2:25 pm
 


acidcomplex acidcomplex:
Under Texas law, people may use deadly force to protect their own property or to stop arson, burglary, robbery, theft or criminal mischief at night.


9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is
justified in using deadly force against another to protect land or
tangible, movable property:
(1) if he would be justified in using force against the
other under Section 9.41; and
(2) when and to the degree he reasonably believes the
deadly force is immediately necessary:
(A) to prevent the other's imminent commission of
arson, burglary, robbery, aggravated robbery, theft during the
nighttime, or criminal mischief during the nighttime; or
(B) to prevent the other who is fleeing
immediately after committing burglary, robbery, aggravated
robbery, or theft during the nighttime from escaping with the
property; and
(3) he reasonably believes that:
(A) the land or property cannot be protected or
recovered by any other means; or

(B) the use of force other than deadly force to
protect or recover the land or property would expose the actor or
another to a substantial risk of death or serious bodily injury.


Last edited by Blue_Nose on Fri Jul 04, 2008 2:30 pm, edited 2 times in total.

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PostPosted: Fri Jul 04, 2008 2:26 pm
 


RUEZ RUEZ:
acidcomplex acidcomplex:
RUEZ RUEZ:
You can't kill someone to protect property. No you can't hunt someone down who's just killed your grandma. You may get away with it though.



Oh my friend but in Texas you can

"Under Texas law, people may use deadly force to protect their own property or to stop arson, burglary, robbery, theft or criminal mischief at night."

Where do you find that info? If that's true it's kind of scary. Also I am mostly arguing from what I know about Canada's laws so I admit I'm not positive about what's allowed down there.


Lol neither do I just


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PostPosted: Fri Jul 04, 2008 2:30 pm
 


Blue_Nose Blue_Nose:
acidcomplex acidcomplex:
Under Texas law, people may use deadly force to protect their own property or to stop arson, burglary, robbery, theft or criminal mischief at night.
Section 9.33 of the Texas Penal Code, the only one pertaining to deadly force in defense of a third person:

$1:
DEFENSE OF THIRD PERSON. A person is justified
in using force or deadly force against another to protect a third
person if:
(1) under the circumstances as the actor reasonably
believes them to be, the actor would be justified under Section 9.31
or 9.32 in using force or deadly force to protect himself against
the unlawful force or unlawful deadly force he reasonably believes
to be threatening the third person he seeks to protect; and
(2) the actor reasonably believes that his
intervention is immediately necessary to protect the third person.


I don't see anything about another person's belongings.


9.33. DEFENSE OF THIRD PERSON. A person is justified
in using force or deadly force against another to protect a third
person if:

(1) under the circumstances as the actor reasonably
believes them to be, the actor would be justified under Section 9.31
or 9.32 in using force or deadly force to protect himself against
the unlawful force or unlawful deadly force he reasonably believes
to be threatening the third person he seeks to protect
; and



9.32. DEADLY FORCE IN DEFENSE OF PERSON. (a) A person
is justified in using deadly force against another:

(1) if the actor would be justified in using force
against the other under Section 9.31; and
(2) when and to the degree the actor reasonably
believes the deadly force is immediately necessary:
(A) to protect the actor against the other's use
or attempted use of unlawful deadly force; or
(B) to prevent the other's imminent commission of
aggravated kidnapping, murder, sexual assault, aggravated sexual
assault, robbery, or aggravated robbery.


Last edited by acidcomplex on Fri Jul 04, 2008 2:32 pm, edited 1 time in total.

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PostPosted: Fri Jul 04, 2008 2:32 pm
 


Actually, there's another section that does pertain to belongings:

$1:
9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is
justified in using deadly force against another to protect land or
tangible, movable property:
(1) if he would be justified in using force against the
other under Section 9.41; and
(2) when and to the degree he reasonably believes the
deadly force is immediately necessary:
(A) to prevent the other's imminent commission of
arson, burglary, robbery, aggravated robbery, theft during the
nighttime, or criminal mischief during the nighttime; or
(B) to prevent the other who is fleeing
immediately after committing burglary, robbery, aggravated
robbery, or theft during the nighttime from escaping with the
property; and
(3) he reasonably believes that:
(A) the land or property cannot be protected or
recovered by any other means; or
(B) the use of force other than deadly force to
protect or recover the land or property would expose the actor or
another to a substantial risk of death or serious bodily injury.


Note the part bolded.


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PostPosted: Fri Jul 04, 2008 2:34 pm
 


Well that sorta makes it more complicated.


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PostPosted: Fri Jul 04, 2008 2:36 pm
 


RUEZ RUEZ:
Well that sorta makes it more complicated.


Does indeed eh :)


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PostPosted: Fri Jul 04, 2008 2:40 pm
 


Deadly force wasn't necessary to prevent the crime, and there's no reason to believe the property couldn't have been recovered by the police he knew were on the way.

There was no justification for deadly force.


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PostPosted: Fri Jul 04, 2008 2:54 pm
 


Blue_Nose Blue_Nose:
Deadly force wasn't necessary to prevent the crime, and there's no reason to believe the property couldn't have been recovered by the police he knew were on the way.

There was no justification for deadly force.



I agree that it probably wasn't necessary, but comone how many people actually believe the police will get anything back that can be fit inside of a bag.

As for justification,in this case according to Texas law, its really in the eye of the beholder even if that beholder is not correct and really old and maybe crazy.


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PostPosted: Fri Jul 04, 2008 2:56 pm
 


acidcomplex acidcomplex:
Blue_Nose Blue_Nose:
Deadly force wasn't necessary to prevent the crime, and there's no reason to believe the property couldn't have been recovered by the police he knew were on the way.

There was no justification for deadly force.



I agree that it probably wasn't necessary, but comone how many people actually believe the police will get anything back that can be fit inside of a bag.

As for justification,in this case according to Texas law, its really in the eye of the beholder even if that beholder is not correct and really old and maybe crazy.

If I were shallow, I would wonder why Texas had a police force anyway...

Or a detention system ;-)


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PostPosted: Fri Jul 04, 2008 4:55 pm
 


There is no justification for deadly force?

u were drunk when you wrote that weren't you?


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PostPosted: Fri Jul 04, 2008 5:14 pm
 


uwish uwish:
There is no justification for deadly force?

u were drunk when you wrote that weren't you?

No there wasn't, and no I wasn't. Any other irrelevant questions?


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PostPosted: Fri Jul 04, 2008 5:16 pm
 


Tell me that when someone breaks into your house in a home invasion and starts threatening to kill your family

I am so tired of armchair wanna bee's that live in a land of peace and tarnquility that only taliban jack live in.

tree huggers are the first to yell save the forest but the first to hack down a tree when it gets really cold.


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PostPosted: Fri Jul 04, 2008 5:16 pm
 


acidcomplex acidcomplex:
Blue_Nose Blue_Nose:
Deadly force wasn't necessary to prevent the crime, and there's no reason to believe the property couldn't have been recovered by the police he knew were on the way.

There was no justification for deadly force.



I agree that it probably wasn't necessary, but comone how many people actually believe the police will get anything back that can be fit inside of a bag.

As for justification,in this case according to Texas law, its really in the eye of the beholder even if that beholder is not correct and really old and maybe crazy.
Judging from the 911 tapes, the police showed up not long after he'd fired the gun - they would have been easily caught and the stolen goods returned by someone trained and responsible for handling such issues.


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PostPosted: Fri Jul 04, 2008 5:20 pm
 


uwish uwish:
Tell me that when someone breaks into your house in a home invasion and starts threatening to kill your family

So the robbers broke into the guy's house and threatened to kill his family? Did they even threaten to kill anyone's family?

Irrelevant again, but I'm sure the third time's a charm. You can do it!


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