At 09:43 PM 9/5/95 -0700, Timothy C. May wrote: <snip>
As far as I know the owner of property has no legal right to kill a person either traspassing or stealing it in any of the 50 states. There was a recent federal ruling that basicly says that if you meet a burglar in your home at nite you can not kill or otherwise harm them unless you're life is directly threatened. In short, you MUST give up the ground if at all possible. Federal and all 50 states (as far as I have been able to determine) rule human life to have a inherantly higher value than property of any type (this does not apply to government institutions).
<snip> The laws regarding the use of deadly force against an unarmed burglar in one's home vary from state to state. In Massachusetts, for example, a homeowner has a DUTY to retreat from his own home before employing deadly force against an intruder. In Arizona, however, we prefer a much different approach. 13-411. Justification; use of force in crime prevention A. A person is justified in threatening or using both physical force and deadly physical force against another if an to the extent the person reasonably believes that physical force or deadly physical force is immediately necessary to prevent the other's commission of ... burglary in the second or first degree under section 13-1507 ... 13-1507. Burglary in the second degree; classification A. A person commits burglary in the second degree by entering or remaining unlawfully in or on a residential structure with the intent to commit any theft or any felony therein. michaelb@primenet.com