From: michaelb@primenet.com (Michael Bredimus)
Date: Tue, 5 Sep 95 23:01:57 PDT
To: cypherpunks@toad.com
Subject: Re: Are booby-trapped computers legal?
Message-ID: <199509060601.XAA08779@mailhost.primenet.com>
MIME-Version: 1.0
Content-Type: text/plain


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