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Adam
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It may soon be legal to defend yourself in a criminal breaks into your house and not have to "run away".
http://www.detnews.com/apps/pbcs.dll/article?AID=/20060630/POLITICS/606300383/1022
LANSING -- Lawmakers have approved a package of bills strengthening the right of Michiganians to use deadly force in self-defense against thugs who break into their homes or threaten them on the street.
The legislation, which Gov. Jennifer Granholm is prepared to sign following negotiations with the sponsors, is an attempt to remove confusion about whether someone who feels threatened should first try to escape. That wouldn't be required if the threatened person was in his home or on his property.
This so-called "castle doctrine" initially raised concerns among prosecutors, who said it also might be used as a defense by lawbreakers. Opponents also predicted the measures would lead to more gun violence.
The bills would allow residents to meet force with force, and have no duty to try to flee, as long as they had been put in fear of death, great bodily injury or sexual assault. Such fears would be a defense against prosecution and protection from lawsuits by the people against whom they had used deadly force.
Further, those protecting themselves would be presumed to have met the requirements if an intruder was invading their house or trying to kidnap someone else, such as a neighbor, from a dwelling or vehicle.
Protection from prosecution would not be granted, however, if the person against whom deadly force was used had a right to be on the property, was removing a child or grandchild from a vehicle or dwelling or was a law officer performing in the line of duty.
These concepts are strongly endorsed by John Green, a retiree who lives in Kalamazoo. He said he wouldn't hesitate to blast a would-be robber breaking into his dwelling.
"You aren't supposed to shoot just anybody, but you've got a right to defend yourself," said Green, 72. "If somebody comes into your house (unlawfully), you aren't supposed to run. They've got no right to be in your house. That's how I look at it."
Liz Boyd, Granholm's press secretary, said changes that reflect the governor's concerns included the addition of provisions to ensure that domestic violence victims aren't prosecuted for acts of self-defense. Lawmakers also added language to clarify that prosecutors retain the authority to file charges if unjustified force is used.
The House gave final approval to the bills Tuesday |
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Sat Jul 01, 2006 2:27 pm |
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