What are the legal limits of defending ones property? CSI: Mailbox baseball

by inkling 28 Replies latest jw friends

• 

  inkling

  So I was watching CSI this week and a homeowner, in attempt teach a lesson
  to local kids who kept bashing his mailbox while playing mailbox baseball,
  fills his mailbox with cement one night.

  That night, a kid swings at the box, breaks his shoulder, the bat shatters
  and hits the driver, the car veers of the road, hitting a tree and killing
  both kids.

  The man was charged with negligent homicide.

  This got me thinking... What are you actually allowed to do in attempt
  to protect personal property?

  I mean, I know you are allow to use lethal force against a dangerous
  intruder, but what about pranksters or thieves?

  Are you allowed to set traps on your property to intentionally harm
  intruders?

  Do you need to warn someone before hurting them?

  (this is entirely hypothetical, BTW. I don't have any personal experience)

  [inkling]
• 

  wha happened?

  well first of all, it's just a TV show.
  
  Different states have different laws for what is considered, self defense. I remember some time ago a man was shot while attempting to break into a car and steel it in TX. The owner of the car, saw this and shot the man. Can't remember if he was killed or not. The owner did not break the law in TX.
• 

  Big Tex

  Depends on the state.

  In Texas there is something called the Castle Doctrine. Which means a homeowner can shoot and kill an intruder without having to prove his life was in danger. In fact there was a case recently where a neighbor shot and killed a man breaking into the house next door. He was not charged.

  However there is also a longstanding legal responsibility of homeowners to injuries suffered on their property. The classic case is someone slipping and falling. The homeowner is liable for damages in such a case.
• 

  hillbilly

  depends on the state..

  Michigan would require you to retreat from a full- on assault...if you could retreat safely. You would be charged if you used deadly force to defend property.

  States like Florida base laws on the Castle Doctrine... if you come into my home uninvited to steal or harm me... take your chances I can use deadly force if needed to defend live and property.

  Texas will allow deadly force in defense of property.

  Hill
• 

  Kudra

  I saw that show too and thought that the mailbox filled with cement was awesome.
  
  I will totally do that if I have similar problems. I don't see how it could be illegal. It couldn't be called "an attractive nuisance", could it? I mean, ferchristsake, it's a mailbox...
  
  Anyone here know if that would be illegal?
  
  -K
• 

  Mandette

  I do know that traps are illegal in most places. More because they may harm the innocent. Postal workers, utilities etc that have a legitimate reason to be on your property.

  As far as property, all states have different laws. With force at least here in Michigan, you have to a fear for your safety. That's the big one...."I was in fear for my life"......words to LIVE by....
• 

  Big Tex

  Mailboxes are not supposed to be tampered with. My understanding is that it is illegal to do so. But I don't know if that's a federal or state law.

  I do remember reading in the paper years ago of someone being charged after putting ex-lax in some brownies (cookies?). Probably the same legal principle.
• 

  leavingwt

  We have the Castle Doctrine, here in MS. No retreat required.

  It's much more convenient. Now, when we shoot folks on our property, we don't have to drag them into the house.

  -LWT
• 

  cameo-d
• 

  Mandette

  Hill

  I could be wrong but I think Michigan just passed or is in the process of passing a law that says you don't have to retreat. I'll have to research that.

  And while I like the idea of cement in the mailbox no one deserves to die for that kind of stupidity.

  M